Excel Quarries Pty Ltd v Payne

Excel Quarries Pty Ltd (Excel) lodged a caveat over the land owned by Brenda Coral Payne (Payne) to claim an equitable lien arising from unjust enrichment. Excel sought to enforce its claim through the caveat, which Payne sought to have removed. The primary legal issue for the court was whether Excel had established a serious question to be tried regarding its entitlement to an interest in Payne’s land. A secondary issue was whether the balance of convenience warranted preserving the caveat.

The court found that Excel had not demonstrated a serious question to be tried. The court rejected Excel’s arguments based on unjust enrichment and constructive trust. Excel had not identified a known cause of action that fit within the general concept of unjust enrichment. The court found that the comprehensive deed between the parties did not provide for compensation in the event of a partial rezoning, and that Excel had received its promised return through Payne’s performance of her obligations under the deed. The court concluded that Excel had not acted unconscionably and that it was not unfair for Payne to retain the benefit of the partial rezoning. The court also found that there were no factual issues that needed to be resolved at a trial.

The court ordered the removal of the caveat and that Excel pay Payne’s costs of and incidental to the application to be taxed.