Raghav Trivedi Successfully Navigates Unique and Complex Unjust Enrichment Arguments

Business and Property Barrister Raghav Trivedi acted for the company in a multifaceted consolidated claim last week arising from a dispute with its former employee and director.

The claim sought the recovery of a director’s loan, damages for breach of contract, a claim in unjust enrichment for the recovery of a deposit and a conversion claim for the recovery of business equipment.  After a contested trial, Raghav was successful in obtaining a favourable order for the company.

One aspect of the case focused on an unjust enrichment claim, pleaded on the grounds of failure of basis. This related to a deposit the company paid toward the purchase of a vehicle, which it ultimately did not purchase. Instead, the vehicle was purchased personally by the former employee/director, minus the deposit paid by the company. This raised issues involving three-party unjust enrichment, concerning the company, the former employee/director, and the dealership. The Court accepted the argument that the former employee/director was required to give restitution for the deposit sums.

Raghav was instructed by Daniel Morgan of DMP-Consulting.