EV Bob v Oakgrid

EV Bob v Oakgrid

E V BOB PTY LTD V OAKGRID PTY LTD [2000] NSWSC 85

Supreme Court of NSW – 18 February 2000

FACTS

Oakgrid manufactured and sold clothing to its own shops or franchisees. One of its customers was EV Bob. Oakgrid and EV Bob were negotiating a five year licence and an agreement was drawn up but nether executed. EV Bob had paid $30,000.00 to Oakgrid in anticipation of the licence agreement being executed. The agreement was never executed and EV Bob sued Oakgrid for the return of the $30,000.00.

The Magistrate who first heard the case decided that the $30,000.00 was referable to the proposed agreement and ordered that Oakgrid repay the $30,000.00. Oakgrid appealed to the Supreme Court.

ISSUES

Did EV Bob have a claim against Oakgrid for unjust enrichment?

FINDING

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