Booth v Langlands Building Group; Langlands Building Group v Booth [2018] NSWCATCD 73

Booth v Langlands Building Group; Langlands Building Group v Booth [2018] NSWCATCD 73

The builder unlawfully repudiated and terminated the contract by excluding the painter from the site without lawful basis; the painter is entitled to be paid a quantum meruit equal to the reasonable value of work performed (including variations), and the builder failed to prove any liability of the painter for allegedly defective work. The builder's claim is dismissed; painter's claim succeeds.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Consumer and Commercial Claim (cross Claims) / Final Decision After Hearing
Outcome
The painter's (respondent's) claim succeeds; the builder's (applicant's) claim is dismissed.
Legal Topics
['quantum Meruit' 'contract Termination' 'residential Building Work' 'breach of Contract' 'remedies']
['contract Law' 'building and Construction Law' 'consumer Law'] ['quantum Meruit' 'contract Termination' 'residential Building Work' 'breach of Contract' 'remedies']

Case Brief

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Procedural Posture

Consumer and Commercial Claim (cross Claims) / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the painter was owed payment for works performed prior to termination; whether the builder was entitled to compensation for defective work; nature of contractual obligations; whether the contract was lawfully terminated; applicability of quantum meruit remedy']

Ratio Decidendi

The builder unlawfully repudiated and terminated the contract by excluding the painter from the site without lawful basis; the painter is entitled to be paid a quantum meruit equal to the reasonable value of work performed (including variations), and the builder failed to prove any liability of the painter for allegedly defective work. The builder's claim is dismissed; painter's claim succeeds.

Court Disposition

The painter's (respondent's) claim succeeds; the builder's (applicant's) claim is dismissed.

Orders

  • ["The builder, Langlands Building Group Pty Ltd, shall pay the painter, Troy Booth and Megan Booth, jointly and both trading as 'TB Painting and Decorating', the sum of $28,588.89 immediately." 'The applications are otherwise dismissed.' 'Provision for written submissions on costs with directions for filing and...