Alexander & Anor v Gregoriou & Ors [2010] NSWDC 15

The contracts between the plaintiffs and the project management company (Linda Gregoriou Pty Ltd) and the builder (ASB) were oral and did not comply with statutory requirements for licensing and insurance under the Home Building Act 1989 (NSW). Neither contractor could enforce payment beyond what was already paid except on quantum meruit grounds. Claims for refund ('claw-back') of sums already paid were refused because the payments were voluntary and work was performed. The cost of rectifying defects was assessed and reduced by the amount of unpaid builder claims, with liability for the loss apportioned equally between project manager and builder as concurrent wrongdoers under the Civil...

Parties: First Plaintiff/first Cross Defendant to First Cross Claim: Alice Alexander; Second Plaintiff/second Cross Defendant to First Cross Claim: John Alexander; First Defendant/second Cross Claimant to First Cross Claim/first Cross Claimant to Second Cross Claim/first Cross Defendant to Third Cross Claim: Linda Andrea Gregoriou; Second Defendant/first Cross Claimant to First Cross Claim/second Cross Claimant to Second Cross Claim/second Cross Defendant to Third Cross Claim: Linda Gregoriou Pty Limited; Third Defendant/cross Defendant to Second Cross Claim/cross Claimant to Third Cross Claim: All Sydney Builders Pty Limited
Jurisdiction: Australia
Judgment Date: 22 February 2010
Procedural Posture: Civil / Final Judgment After Trial
Outcome: Judgment for the plaintiffs in part; partial recovery for rectification costs apportioned between defendants; cross-claims dismissed; first defendant successful against plaintiffs; parties to be heard on interest and costs.
Legal Topics: Oral Contracts, Project Management Liability, Unlicensed Building, Home Warranty Insurance, Breach of Contract, Statutory Warranties, Misrepresentation, Proportionate Liability, Quantum Meruit, Defective Work, Rectification Costs

Building and Construction Contract Law Tort Law Oral Contracts Project Management Liability Unlicensed Building Home Warranty Insurance Breach of Contract +6 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 4

Parties

Alice Alexander

First Plaintiff/first Cross Defendant to First Cross Claim

John Alexander

Second Plaintiff/second Cross Defendant to First Cross Claim

Linda Andrea Gregoriou

First Defendant/second Cross Claimant to First Cross Claim/first Cross Claimant to Second Cross Claim/first Cross Defendant to Third Cross Claim

Linda Gregoriou Pty Limited

Second Defendant/first Cross Claimant to First Cross Claim/second Cross Claimant to Second Cross Claim/second Cross Defendant to Third Cross Claim

All Sydney Builders Pty Limited

Third Defendant/cross Defendant to Second Cross Claim/cross Claimant to Third Cross Claim

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

1 What were the contractual relationships between the parties?
2 Were the defendants entitled to payment for work done, given breaches of licensing, insurance, and written contract requirements under the Home Building Act?
3 To what extent is the contractor entitled to recover on a quantum meruit?

Ratio Decidendi

Court Disposition

Judgment for the plaintiffs in part; partial recovery for rectification costs apportioned between defendants; cross-claims dismissed; first defendant successful against plaintiffs; parties to be heard on interest and costs.

Orders

Plaintiffs entitled to verdict against second and third defendants jointly for $34,335.62.
Liability apportioned: $17,167.81 each to be paid by second and third defendants.