MATTHEW LUMBERS AND ANOTHER v W COOK BUILDERS PARTY LTD (IN LIQUIDATION)

[2008] BLR 581

HIGH COURT OF AUSTRALIA

Before Gleeson CJ, Gummow, Hayne, Crennan and Kiefel JJ

Restitution - Unjust enrichment - Quantum meruit - Subcontractor’s claim against employer - Sub and main contractors associated - No request by employer to subcontractor - Employer’s benefit - No claim from main contractor against employer - Sum due from employer to main contractor - Unconscionable for employer to retain benefit.