Unpaid Builder Cannot Claim In Restitution From Shareholders Of Client
Costello & Anor and MacDonald & Ors [2011] EWCA Civ930
MacDonald are builders. They entered in discussions to build on land owned by Mr & Mrs Costello. It was agreed that Costello would use, for tax purposes, a special purpose vehicle called 'Oakwood Residential Limited'. Oakwood had been used in a previous development which MacDonald carried out for the Costellos. Oakwood failed to pay some invoices. MacDonald obtained an order for payment against Oakwood and an award in restitution for unjust enrichment...
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