Anthony Grant
The High Court in England had held in Rogers v Wills [2025] EWHC 1367 (Ch) that the estate of a mother is liable to pay a daughter for looking after her elderly mother. The daughter pleaded two causes of action – contract and unjust enrichment – and succeeded in both.
The law of unjust enrichment in New Zealand is a little murky. There have been cases where it can be said that our courts have recognised a claim but there are also indications that the law may not be so clear.
Rogers is therefore important as it sets out in detail the jurisprudential origin of the cause of action and its legal justification.
The decision is a virtual textbook on this area of the law.
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