Whether the defendant can successfully establish this defence depends of whether he can prove that his position is so changed that he will suffer an injustice if called upon to repay or repay in full lipkin gorman v karpnale in order to prove a change of position defence first there must be an adverse change of position by the recipient in good faith and in reliance on the payment new zealand banking group v westpac banking corporation the current position in australia with regard . Note 5 retrouvez the change of position defence et des millions de livres en stock sur amazonfr achetez neuf ou doccasion. The change of position defence des milliers de livres avec la livraison chez vous en 1 jour ou en magasin avec 5 de reduction . The court has clarified that the change of position defence is unavailable where the recipient had reasonable grounds to believe that the property had been stolen even where this was not known for certain as such it is not necessary to show that the recipient was acting in bad faith or had actual knowledge of the stolen nature of the property in order to succeed in a claim of unjust enrichment instead the court will consider the circumstances surrounding the recipients specific