Limitation period for unjust enrichment claims, at the claimant’s expense, lack of consent, illegality, and vindication of property rights: Esben Finance Ltd and Others V Wong Hou-Lianq Neil

Publication Type

Journal Article

Publication Date

8-2022

Abstract

Even though unjust enrichment has been recognised by English law for several decades, this branch of the law continues to be a highly contested area. Debate rages on with respect to many facets including the formal structure of the subject, the ambit of unjust factors and its relationship with the law of property. The decision of the Singapore Court of Appeal in Esben Finance Ltd and Others v Wong Hou-Lianq Neil (‘Esben Finance Ltd’) explores many of these difficult areas. In a wide-ranging judgment, Esben Finance Ltd covers an astonishing variety of issues namely limitation period, at claimant’s expense, illegality, unjust factors and the relationship between unjust enrichment and property law

Keywords

Singapore, law of unjust enrichment, restitution

Discipline

Asian Studies | Property Law and Real Estate

Research Areas

Private Law

Publication

King's Law Journal

Volume

33

Issue

3

First Page

345

Last Page

357

ISSN

0961-5768

Identifier

10.1080/09615768.2022.2104679

Publisher

Taylor & Francis

Additional URL

https://doi.org/10.1080/09615768.2022.2104679

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