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analysis apply approach arguably arises assumption basis Birks breach change of position chapter claim for restitution claim in unjust claimant Commerzbank common law considered context counter-restitution Court of Appeal Court of Australia defendant's change detriment disenrichment duress Edelman and Bant estoppel by representation EWCA Civ EWHC example faith fault Frankland River Gorman a firm High Court Ibid independent changes innocent inducer irreversible Law of Restitution liability Lipkin Gorman Lord Denning Lord Goff mistake mistaken payment NSWSC operate payment over defence position defence proprietary protection Pty Ltd pursuant Queensland Rail question rationale reasonable reliance receipt received benefit relevant rely requirement of restitutio rescind rescission case law restitutio in integrum restitutionary reversibility role Scottish Equitable South Wales Court South Wales Supreme third party tion transaction transfer undue influence unjust enrichment unjust factor Wales Supreme Court Western Australia wrongdoer Zealand Zealand High Court