E V BOB PTY LTD V OAKGRID PTY LTD  NSWSC 85
Supreme Court of NSW – 18 February 2000
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.
Did EV Bob have a claim against Oakgrid for unjust enrichment?