Excel Quarries P/L v Payne

[2000] QCA 213

SUPREME COURT OF QUEENSLAND

CITATION:

Excel Quarries P/L v Payne [2000] QCA 213

PARTIES:

EXCEL QUARRIES PTY LTD ACN 010 056 407
(plaintiff/appellant)
v
BRENDA CORAL PAYNE
(defendant/respondent)

FILE NO/S:

Appeal No 3339 of 1999
SC No 123 of 1998

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

2 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

3 April 2000

JUDGES:

Thomas JA, Ambrose and Helman JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal dismissed with costs

CATCHWORDS:

CONVEYANCING – LAND TITLES UNDER THE TORRENS SYSTEM – CAVEATS AGAINST DEALINGS – WHO MAY LODGE

EQUITY – EQUITABLE CHARGES AND LIENS – MONEY EXPENDED OR BENEFIT CONFERRED ON PROPERTY OF ANOTHER

EQUITY – UNJUST ENRICHMENT

RESTITUTION – RESTITUTION RESULTING FROM UNENFORCEABLE, INCOMPLETE, ILLEGAL OR VOID CONTRACTS – RECOMPENSE FOR SERVICES RENDERED – GENERAL PRINCIPLES – contract terminated by prospective lessor for failure of condition requiring rezoning of land – appellant obtained rezoning of only half of the land to extractive industries – constructive trust alleged to arise from benefit obtained by prospective lessor – whether caveatable interest – whether constructive trust – no joint venture or relationship – whether equitable lien created by restitutionary remedy – no unconscionable conduct by respondent – no free acceptance of benefit – no failure of consideration

Baumgartner v Baumgartner (1987) 164 CLR 137, distinguished
Excel Quarries Pty Ltd v Payne [1996] Q Conv R 54-473, considered
Muschinski v Dodds (1985) 160 CLR 583, distinguished
Stern v McArthur (1988) 165 CLR 489, considered
Walton Stores Interstate Ltd v Maher (1988) 164 CLR 387, distinguished

COUNSEL:

D Gore QC for the appellant
P McMurdo QC with R Derrington for the respondent

SOLICITORS:

Hunt & Hunt for the appellant
Hynes Hartnett for the respondent

1. THOMAS JA:  This is an appeal against a decision of the Chief Justice sitting in the trial division ordering the removal of a caveat.

1. The land in question is situated in the Yandina area and comprises a little over 88 hectares.  It contains material suitable for quarrying.  Its owner is the respondent Mrs Payne.  The appellant Excel Quarries Pty Ltd is the assignee of the rights of another company which entered into a deed in 1989 with Mrs Payne and her husband who is now deceased.

1. The appellant sought specific performance of the deed against Mrs Payne but failed before Shepherdson J who delivered reasons on 24 May 1995.  An appeal to this court against that decision was unsuccessful on 16 February 1996[1].  It was accepted in argument that at least for the purposes of the proceedings for removal of the caveat the parties are bound by the findings of fact appearing in Shepherdson J's judgment.  That judgment of course raises various estoppels against the appellant, but in view of this concession their precise limits do not need to be defined at this point.

   [1]Excel Quarries Pty Ltd v Payne