Sendero’s dispute resolution team has successfully concluded an unjust enrichment case. The story started when our client paid money awarded by a court to the adverse party. Then the client’s matter went before the Supreme Court twice and finally the claim against the client was largely dismissed. But the other party refused to refund the award paid by our client, arguing the claim is time-barred and the benefit of the money was used to inject capital into a company under threat of bankruptcy.
Sendero argued that a claim for disgorgement of unjust enrichment was not time-barred because it became enforceable when the case was concluded by a final and definitive court decision. Also, we analysed certain financial statements of the other party and of the company it financed and were able to show that this cannot have been non-refundable finance and at most was a loan. The Circuit Court in Łódź affirmed our case and awarded the full claim to our client together with interest. The case was handled by Paweł Michalski.