Torpey Vander Have Pty Ltd v Mass Constructions Pty Ltd

The Supreme Court of New South Wales, Court of Appeal, considered an appeal concerning the use of architectural plans. The appellant, Torpey Vander Have Pty Ltd, an architectural firm, had provided plans to Mass Constructions Pty Ltd under a licence. Mass Constructions subsequently defaulted on its obligations, and its mortgagee, the respondent, sold the property. The purchaser from the mortgagee then proceeded to build using the appellant's plans. The appellant sought to recover from the purchaser, alleging breach of contract or unjust enrichment.

The primary legal issues before the Court were whether the licence granted to Mass Constructions extended to a purchaser from the mortgagee, and whether the appellant could succeed against the purchaser on grounds of contract or unjust enrichment. Additionally, the Court considered whether a District Court judge had erred in refusing an amendment to raise a claim for breach of copyright after the limitation period had expired, and whether the judge's conduct disqualified them from hearing the matter.

The majority of the Court held that the licence to use the plans was personal to Mass Constructions and did not transfer to the purchaser upon the mortgagee's sale. Consequently, the appellant could not succeed in a claim for breach of contract against the purchaser. The majority also found that there was no basis for an unjust enrichment claim against the purchaser, as the benefit derived from the plans was not at the expense of the appellant in a manner that would attract equitable intervention. Regarding the refusal to amend, the Court determined that the District Court judge had acted within their discretion, and there was no evidence to suggest the judge was disqualified from hearing the case.

By majority, the appeals were dismissed with costs.