- A builder is mistakenly told to build a home on a block of land (A)
- The builder constructs the home.
- It turns out A is not owned by that person, but another.
- The builder sought remedy to either have the house removed, or have the cost paid.
- The block owner has committed no wrong, so there is no unjust enrichment
- Anything annexed to the property is the property of the owner.
- Thus, it is the property of the block owner & no unjust enrichment claim can succeed.
-- Download Brand v Chris Building Co Pty Ltd (1957) VR 625 as PDF --
Save this case