Restitution for mistake

Oakwood Constructions Pty Ltd v Wyndon Properties Pty Ltd [2010] QCA 323

Allens Arthur Robinson

The Queensland Court of Appeal has confirmed that a builder can claim compensation under the Property Law Act 1974 (Qld) if it made lasting improvements to land in the genuine but mistaken belief that the land was owned by the party with whom the builder had contracted. It may do so even if the builder’s belief was unreasonable or careless. While unreasonableness or carelessness does not preclude compensation, the unreasonableness of an asserted belief may point to the improbability of it in fact being held.

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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