Suing for Unjust Enrichment?

Hey All,

Does anyone know much about this area of law? Looking for a bit of advice as I posted a while back (case dragged on for ages). We have a commercial shopfront in inner Sydney that was leased to a florist, the florist got in her own electrician (her brother in law apparently) to do their own electrical works without notifying the agent nor myself or my husband.

Low and behold, they racked up nearly $35K of electrical costs and tried to frame us for doing the deal. We never met up with his electrician and at all and am now sued for "unjust enrichment", they have fabricated a story in their particulars that we met them up and "approved" for all the works.

I'm not sure if this is a godsend, but through the process and via their claims, we had received a alleged job report (prepared by the plaintiff themselves) which contains the details clearly that states the florist herself called the plaintiff to arrange for electrical works.

Having looked up on the law of unjust enrichment in Australia, it appears to be a relatively new concept and what we're concerned is the rather "easy" steps the plaintiff needs to go through in order to win.

Thanks.

Regards,

Cecilia.
 
Lawyer here. It sounds like you actually have a very complicated case, and so you 100% need proper legal advice if you haven't already.

The case will probably turn on the issue of whether or not you consented to or approved the work, but there are many variables will cases like these.

I'm surprised you haven't gotten a lawyer already.
 
Lawyer here. It sounds like you actually have a very complicated case, and so you 100% need proper legal advice if you haven't already.

The case will probably turn on the issue of whether or not you consented to or approved the work, but there are many variables will cases like these.

I'm surprised you haven't gotten a lawyer already.

Yes, we have a lawyer, one specialising in commercial litigation. Just here to gather more thoughts.

I'm not sure if this helps, but we have evidence gathered through the discovery process that the plaintiff's lawyers forwarded to our defence lawyer which clearly outlines (documented in writing) that the tenant had contracted the electrician to install/complete the works.

We are still puzzled as to why this hasn't effectively been used to just quash the case yet.
 
What does it say in the lease agreement that you both signed prior too the florist walking in the front door about who pays for what and when..
 
What does it say in the lease agreement that you both signed prior too the florist walking in the front door about who pays for what and when..

Clearly states in the lease agreement as follows:

Tenant's fitout works:

- Fit out works at be carried out by the tenant from time to time, tenant is liable for all of the fitout works.

- Is the landlord providing any contribution towards the cost of the tenant's fitouts? No (tick).
 
Clearly states in the lease agreement as follows:

Tenant's fitout works:

- Fit out works at be carried out by the tenant from time to time, tenant is liable for all of the fitout works.

- Is the landlord providing any contribution towards the cost of the tenant's fitouts? No (tick).
The only question to ask yourself is how much is it going to cost you in time stress and worry and $$$$ for the outcome which may still not fix the problem,something like this tends to get very nasty..imho..
 
Hi,


You don't need a lawyer at all.


willair hit the nail on the head. Almost all comm. Leases (good ones that is) have the standard clause about the Tenant is liable for the cost of all fitouts / repairs / installations to put in whatever the hell they wish to do their business......but always under the proviso that they obtain the Landlord's permission before they go ahead.


The provision of obtaining the Landlord's permission is simply so that the Landlord stays in control, and the Tenant doesn't go off and make the place look like a pigsty. It in no way implies the Landlord is liable for the costs.


At no point does the Landlord ever become liable for costs. We aren't in residential fairy land now.


The typical sequence of events is thus ;


  • The Tenant engages the contractor.
  • The Tenant specifies the workscope.
  • The Landlord approves the workscope.
  • The contractor performs the workscope.
  • The Tenant pays the contractor.
 
Sorry, not really following...Thanks.

I think he's saying, is it cheaper to just pay for the works than fork out more in lawyer fees to prove them wrong and you right or maybe get the lawyer to make an offer that would be about the fees for their services if you proceeded with it.
 
I think he's saying, is it cheaper to just pay for the works than fork out more in lawyer fees to prove them wrong and you right or maybe get the lawyer to make an offer that would be about the fees for their services if you proceeded with it.

But in this instance, what stops it from happening in future? I cannot get $25K, $30K, $35K claims here and there just because the tenant teams up with some relative who is a tradie.
 
Sorry, not really following...Thanks.
i'm not a legal person but the ones i drink with are,, and the more they drink and start too talk they always seem to have estoppel ways of disclaiming responsibility for the legal position which others have created for them..
 
But in this instance, what stops it from happening in future? I cannot get $25K, $30K, $35K claims here and there just because the tenant teams up with some relative who is a tradie.

Put everything in writing?

Follow up verbal communication with an email?

For example in this case you might have said that you will allow the tenant to undertake the works at their cost with you contributing nil funds, blah blah blah.
 
Hi,


You don't need a lawyer at all.


willair hit the nail on the head. Almost all comm. Leases (good ones that is) have the standard clause about the Tenant is liable for the cost of all fitouts / repairs / installations to put in whatever the hell they wish to do their business......but always under the proviso that they obtain the Landlord's permission before they go ahead.


The provision of obtaining the Landlord's permission is simply so that the Landlord stays in control, and the Tenant doesn't go off and make the place look like a pigsty. It in no way implies the Landlord is liable for the costs.


At no point does the Landlord ever become liable for costs. We aren't in residential fairy land now.


The typical sequence of events is thus ;


  • The Tenant engages the contractor.
  • The Tenant specifies the workscope.
  • The Landlord approves the workscope.
  • The contractor performs the workscope.
  • The Tenant pays the contractor.

Umm, what about retail leases?
 
wouldn't worry abt it - unless he has signed signature of a contract, has an email consenting work done - he has nothing.

if the the builder or electrician or trade wants to claim on the owner of the property - he needs to ascertain that the person he engages work with is the actual owner of the property.

my builder used to tell me he once got engaged to do some renovation work for a couple defacto - and they guy owned the property while the gal was the one who engaged the work. they did the work but in the process they broke up which left my builder out of pocket - as the guy who had his name on the title never gave consent for the work.
 
Umm, what about retail leases?

What about them ??

If my reply wasn't clear enough, and you are still asking such base level questions as these.....one of a few things needs to happen ;

1. Read the lease.
2. Get a PM who will.
3. Sell the property.
4. Cough up whatever the Tenant is demanding.

If I was your Tenant and you came across like this, knowing diddly squat and asking base level questions as if you haven't a clue, I'd try it on and hit you up for everything I could as well.

C'mon - you're a retail Landlord - start acting like one.
 
What about them ??

If my reply wasn't clear enough, and you are still asking such base level questions as these.....one of a few things needs to happen ;

1. Read the lease.
2. Get a PM who will.
3. Sell the property.
4. Cough up whatever the Tenant is demanding.

If I was your Tenant and you came across like this, knowing diddly squat and asking base level questions as if you haven't a clue, I'd try it on and hit you up for everything I could as well.

C'mon - you're a retail Landlord - start acting like one.

OK, I've re-read my lease contract and as I posted before, it only states:

Tenant's fitout works:

- Fit out works at be carried out by the tenant from time to time, tenant is liable for all of the fitout works.

- Is the landlord providing any contribution towards the cost of the tenant's fitouts? No (tick).
 
Yes, we have a lawyer, one specialising in commercial litigation. Just here to gather more thoughts.

We are still puzzled as to why this hasn't effectively been used to just quash the case yet.

Uh, if you have a lawyer, then all questions should be directed at him or her. And if they don't fully explain their answers, then ask more questions.

Litigation isn't something you can hop online to get useful "opinions" on. Its complicated and there are many variables that a case can turn on.

I'm not even going to begin to try and give my opinion on the substantive matter, but it sounds like you feel the case is one-sided. If it is extremely one-sided, you should ask your lawyer if you can apply for "summary judgement" rather than having to go through the expense of a trial.

PS. Unjust enrichment isn't something that can be dealt with just under the terms of the tenancy agreement - there won't be much that helps in there unfortunately.
 
Unjust enrichment - even the lawyers don't know what that is.

....Oh yes they do !!! They invented the term to describe their "$ 100 per unit of time - 6 minutes or part thereof."

7 minute phone call...$ 200 thanks for coming, no, make that $ 220 with GST.
 
If the only cause of action is unjust enrichment it is a dog of a case ( unless you have done something really dumb). Your lawyer should be asking for security for costs straight off the bat.

And get your lease contract cleaned up its not good enough.
 
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