Abb Power Generation Ltd v Chapple & Ors

[2001] WASCA 412

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Restitution
2. › Unjust enrichment
3. › Quantum meruit
4. › Services performed outside contractual relationship
5. › Benefit accepted by third party to contract
6. › Whether express request for specific work required
7. › Whether subjective expectation of payment by defendant required
1. Restitution
2. › Unjust enrichment
3. › Quantum meruit
4. › Nature of benefit
5. › Non-monetary benefit
6. › Services enabling defendant to fulfil obligations to other parties
7. › Objective assessment of benefit
1. Appeal
2. › Standard of appellate review
3. › Findings of fact by trial judge
4. › Whether findings open on the evidence

Quick Take

A quantum meruit claim in restitution against a party with whom the plaintiff has no contractual relationship does not require proof that the plaintiff subjectively expected payment from that defendant, nor proof of an express request for the specific work. It is sufficient that the defendant, as a reasonable person, should have realised the plaintiff would expect payment, and accepted the benefit without rejection. The benefit of services enabling the defendant to fulfil its own contractual obligations is sufficient.