The prima facie remedy upon failure of the substratum of a joint venture without attributable blame is the return of contributions, not the payment of damages or the capitalised value of the expected benefit. Equity may decree something less only where a return of contributions would be disproportionate to the requirements of conscionable behaviour. Upon breakdown of a domestic relationship, if it is no longer reasonable to expect co-owners to co-occupy, the party remaining in possession may be liable to pay an occupation fee even absent a formal exclusion order.
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