Maksim (NSW) Pty Limited v Jantune Pty Limited [2013] NSWSC 1634

Maksim (NSW) Pty Limited v Jantune Pty Limited [2013] NSWSC 1634

The Magistrate did not err in assessing the sum owed on the 'do and charge' contract as she considered all evidence, did not actually apply a quantum meruit basis, and it was open on evidence to reject the implied term claimed; the preferred findings of fact and accepted application of law meant no error of law or justification for intervention on appeal.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Appeal / Final Judgment in Supreme Court Appeal From Local Court
Outcome
Appeal dismissed
Legal Topics
['appeal From Local Court' 'contract Interpretation' 'implied Terms' 'assessment of Damages' 'do and Charge Contract']
['contract Law' 'civil Procedure'] ['appeal From Local Court' 'contract Interpretation' 'implied Terms' 'assessment of Damages' 'do and Charge Contract']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment in Supreme Court Appeal From Local Court

Legal Issues

  1. 1 ["Whether the Magistrate adopted the wrong methodology in assessing amount due under 'do and charge' contract" 'Whether there was an implied term regarding supply of blocks to match existing work']

Ratio Decidendi

The Magistrate did not err in assessing the sum owed on the 'do and charge' contract as she considered all evidence, did not actually apply a quantum meruit basis, and it was open on evidence to reject the implied term claimed; the preferred findings of fact and accepted application of law meant no error of law or justification for intervention on appeal.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The order of her Honour Magistrate McGlynn dated 24 April 2013 is affirmed.' 'The amended summons filed 12 July 2013 is dismissed.' "The plaintiffs are to pay the first defendant's costs on an ordinary basis as agreed or assessed."]