The High Court has unanimously held that two companies, Hills Industries and Bosch Security Systems, will not be required to repay monies to Australian Financial Services and Leasing, even though AFSL was tricked by a third party, Total Concept Projects (TCP), into transferring funds to pay off TCP's debts to Hills and Bosch. Richard Skarzynski, a director of Total Concept Projects, created false invoices showing that his company had purchased equipment from Hills and Bosch. AFSL paid the amounts of the false invoices to Hills and Bosch, only to discover the fraud six months later and seek restitution. Hills and Bosch resisted AFSL's claim on the basis of their 'change of position'. The court upheld their defence that they had 'changed their position' - that is they had acted on receipt of the money, taking action such as ceasing their demands and halting court action to recover funds from earlier dealings with TCP. It was not in dispute that Hills and Bosch had both acted in good faith regarding  the receipt of AFSL's payments. By grant of special leave, AFSL appealed to the High Court, which unanimously dismissed the appeal. A majority of the Court held that the relevant enquiry was whether retention of the monies by Hills and Bosch would be inequitable in all the circumstances. It concluded that it would be inequitable to require Hills and Bosch to repay AFSL.