Part 2
Contracts legislation
Frustrated contracts:
Money paid or payable
62Court may allow party who has incurred expenses to retain or recover money
This section applies if the party to whom the money was paid or payable under the contract incurred expenses before the time of discharge in, or for the purpose of, performing the contract.
The court may, if it considers it just to do so having regard to all the circumstances, allow the party to retain or recover the whole or any part of the money that was paid or payable.
However, the amount to be retained or recovered must not exceed the expenses that were incurred.