The applicant bank mistakenly paid funds to the respondents' corporate account instead of garnishing them as required by a court order.
The respondents then transferred the funds to another bank to avoid garnishment.
The bank subsequently paid $90,000 to the garnishor out of its own pocket to rectify its error.
The bank brought an application to recover the funds from the respondents based on mistake of fact and unjust enrichment.
The court found that the bank made a mistake of fact and that the respondents were unjustly enriched by the $90,000 payment made on their behalf.
The court ordered the respondents to repay the $90,000 to the bank.
