Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: Nu Line Construction Group Pty Ltd v Fowler (aka Grippaudo) [2012] NSWSC 587 Hearing dates: 5-7 March 2012 Decision date: 31 May 2012 Jurisdiction: Equity Division Before: Ward J Decision: Judgment for the defendants. Plaintiff's claim dismissed. Catchwords: RESTITUTION - claim for money had and received - failure of consideration - negotiations for sale of land in 2000 - whether payments of money by individual director of plaintiff company to or on behalf of defendants was on behalf of the plaintiff company - whether payment of money to or on behalf of defendants were payments toward the purchase price or in consideration of the purchase price - whether consideration for money paid to and on behalf of defendant was keeping the subject land off the market - OBITER - claim for money had and received based on failure of consideration established - moneys were paid by the plaintiff in consideration of purchasing the land - consideration failed with cessation of negotiations in mid 2002

RESTITUTION - claim for restitutionary interest - whether interest accrued from date of moneys paid or date of cessation of negotiations - OBITER - interest accrued from date consideration failed

DEFENCES - Limitation Act 1969 (NSW) - action for money had and received falls under s 14(1)(a) as a claim in "quasi contract" - whether cause of action accrued at date moneys were paid or at date consideration failed - HELD - cause of action accrued at date consideration failed which was when (objectively) the contemplated sale failed to materialise in mid 2002 - claim statute barred as proceedings not commenced until September 2008