Progressive Pod Properties Pty Ltd v A & M Green Investments Pty Ltd

Progressive Pod Properties Pty Ltd (Progressive) appealed to the New South Wales Court of Appeal against a judgment of the primary judge in favour of A & M Green Investments Pty Ltd (Greens). The dispute concerned Greens' claim for reimbursement of half the cost of constructing a road roundabout, which provided access to properties owned by both parties. Greens contended that it had paid for the roundabout at Progressive's request and for their joint benefit, and sought to recover the expenditure.

The Court of Appeal was required to determine whether Progressive had impliedly requested Greens to construct the roundabout for their mutual benefit, and whether Greens had relied on such a request. These questions were central to Greens' claim for unjust enrichment and recovery of the construction costs.

The Court of Appeal found that the primary judge had erred in finding in favour of Greens. The Court reasoned that there was no evidence to support an implied request from Progressive for the construction of the roundabout. Consequently, the essential elements of a claim for unjust enrichment, specifically the benefit conferred at the request of the defendant, were not established. The Court allowed the appeal, set aside the judgment entered in favour of Greens at first instance, and entered judgment for Progressive. Greens was ordered to pay Progressive's costs of the proceedings at first instance and on appeal.