Nu Line Construction Group Pty Ltd v Fowler

In *Nu Line Construction Group Pty Ltd v Fowler*, the Court of Appeal of New South Wales considered a dispute concerning the recovery of money paid by a purchaser to a vendor in anticipation of a contract that was never finalised. The appellant, Nu Line Construction Group Pty Ltd, sought to recover payments made to the respondent, Fowler, under circumstances where the anticipated contract failed to materialise.

The central legal issues before the court were whether the appellant was entitled to restitution for the payments made, and if so, on what principles such recovery should be based when a contract does not come into existence. Additionally, the court had to consider the applicable limitation period for a claim in quasi-contract and when time begins to run for such a claim, as well as the sufficiency of the evidence, particularly documentary evidence, to prove the making of payments pursuant to a specific arrangement.

The Court of Appeal allowed the appeal, setting aside the orders of the Equity Division. The court found in favour of the appellant, granting judgment for the sum of $151,558.95 plus interest. The court directed the appellant to calculate the interest and submit it to the respondent, with provisions for the parties to either agree on the amount or, in default of agreement, to file submissions for the court to resolve the interest calculation. The respondent was ordered to pay the appellant's costs in both the court below and the Court of Appeal.