Western Australian Current Acts Western Australian Current Acts (1) Relief, whether
under section 124 or in equity or otherwise, in respect of any payment made
under mistake, whether of law or fact, shall be denied wholly or in part if
the person from whom relief is sought received the payment in good faith and
has so altered his position in reliance on the validity of the payment that in
the opinion of the Court, having regard to all possible implications in
respect of the parties (other than the plaintiff or claimant) to the payment
and of other persons acquiring rights or interests through them, it is
inequitable to grant relief, or to grant relief in full.
(2) Where the Court
makes an order for the repayment of any money paid under a mistake, the Court
may in that order direct that the repayment shall be by periodic payments or
by instalments, and may fix the amount or rate thereof, and may from time to
time vary, suspend or discharge the order for cause shown, as the Court thinks
fit.