The Remedial Restitutionary Proprietary Remedy an Evaluation of the Extent to Which Preferential Recovery Should Be Available for the Recovery of Money

Abstract

A proprietary remedy confers preferential recovery, in the sense that the claimant obtains ownership rights in respect of a particular asset, for example money which the claimant has mistakenly paid to another. This article analyses the case law to consider the extent of preferential treatment the claimant should receive. The article’s focus is on the situation where the recipient has turn the money into another asset or assets.