In Brickwood v Young (1905) 2 CLR 387, the core issue revolved around the equitable right to compensation for improvements made on land before its resumption by the government. The appellant, believing he had purchased the land outright, made or benefited from improvements made by his predecessor, significantly enhancing the land's value. Upon the land's resumption and subsequent compensation distribution, the appellant argued for a larger share of the compensation money, reflecting the value added by the improvements. The High Court recognized the appellant's equitable right to be compensated for the increase in land value due to the improvements, even though the improvements were made by a predecessor. This decision highlighted the application of defensive equity in situations where not "administering the whole fund" and clarified the conditions under which such equities could be asserted against the proceeds of land resumption.
Full text: https://jade.io/article/61563
From the TLDR Caselaw Archive