Bryant v Slaven; Slaven v Bryant [2020] NSWCATCD 27

Bryant v Slaven; Slaven v Bryant [2020] NSWCATCD 27

The builder is entitled to recover, as quantum meruit, the outstanding contract sum for the residential building works, limited to the amount invoiced, due to statutory restrictions under the Home Building Act and High Court authority in Mann v Paterson. There was no fixed price; quantum meruit recovery is measured by invoiced value, not expert valuation or claimed contract sum.

Jurisdiction
Australia
Judgment Date
24 January 2020
Procedural Posture
Building Claim / Final Hearing and Determination
Outcome
Application by Mr Slaven dismissed (HB18/39732); Builder's quantum meruit claim upheld (HB18/47788); parties reserved the right to seek specific costs orders.
Legal Topics
['quantum Meruit' 'oral Contract' 'home Building Defects']
['building and Construction' 'consumer Protection'] ['quantum Meruit' 'oral Contract' 'home Building Defects']

Case Brief

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Procedural Posture

Building Claim / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether applications are building claims under s.48A' 'Whether builder is entitled to payment on a quantum meruit basis' 'Appropriate quantum meruit valuation' 'Whether bathroom walls were built in breach of contract, negligently, or in breach of s.18B(1)(a) Home Building Act' 'Whether builder left defects contrary to s.18B(1)(a)']

Ratio Decidendi

The builder is entitled to recover, as quantum meruit, the outstanding contract sum for the residential building works, limited to the amount invoiced, due to statutory restrictions under the Home Building Act and High Court authority in Mann v Paterson. There was no fixed price; quantum meruit recovery is measured by invoiced value, not expert valuation or claimed contract sum.

Court Disposition

Application by Mr Slaven dismissed (HB18/39732); Builder's quantum meruit claim upheld (HB18/47788); parties reserved the right to seek specific costs orders.

Orders

  • ["Mr Slaven's application (HB18/39732) dismissed." 'Mr Slaven to pay Emma and Todd Bryant $42,913.47 immediately.' "Parties may apply for a different costs order; applications due by 18 February 2020 and responses by 10 March 2020, otherwise Mr Slaven to pay the Builder's legal costs as agreed or assessed."]