Restitution Discussion Group Archives
| Sender: |
Eugene Fung |
| Date: |
Sun, 20 Apr 1997 21:33:13 +0800 |
| Re: |
Pleadings |
John Murphy wrote:
Hi!
In Queensland a builder of a house cannot
enforce his building contract if he is unlicenced. I have a case where
a builder completed an expensive house and the owner is refusing to
make the final payments because the builder was unlicenced.
It is also the law that in such a situation, the builder
is not precluded by the statute from making a quantum meruit/restitutionary
claim.
My problem is how to plead such a claim.
Does anyone have, or know where I can find, a good
pleading for a claim arising out of the unenforceability of a contract?
Thanks
John Murphy I think a good place to start is the Pleading Chapter
(Ch. 29) of Mason & Carter: Restitution Law in Australia. There
is a section on claims for remuneration not based on contract (pp. 975-976).
Mason & Carter distinguished between requested and unrequested work and
suggested the elements that the plaintiff must plead. The learned authors
also traced the development of pleading rules to Deane J's judgment in
Pavey
& Matthews v Paul.
Eugene Fung
160 Hellawell Road
Sunnybank Hills Qld 4109
Australia
+61 7 3273-7193
Temple Chambers
16/F One Pacific Place
88 Queensway
Hong Kong
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