Plant and Ors v Bellamy [2009] NSWDC 123

Plant and Ors v Bellamy [2009] NSWDC 123

The plaintiffs, having performed work without a formal agreement as to remuneration, were entitled to recover under quantum meruit for the fair value of works and supervision; the arrangement for unit 10 was an informal contract for sale without obligation to pay rent or occupation fee; the defendant's repudiation of informal sale deprived plaintiffs of benefit and thus no implication for payment for occupation could reasonably arise.

Parties
First Plaintiff and First Cross Defendant: Mark Lachlan Plant; Second Plaintiff and Second Cross Defendant: Dale John Plant; Defendant and Cross Claimant: Wayne Anthony Bellamy
Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiffs; cross claim dismissed
Legal Topics
Quantum Meruit, Disputed Unwritten Contract Terms, Repudiation, Entitlement to Occupation Fee or Rent, Implied Duty of Cooperation in Contracts
Contract Law Quantum Meruit Disputed Unwritten Contract Terms Repudiation Entitlement to Occupation Fee or Rent Implied Duty of Cooperation in Contracts

Case Brief

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Parties

Mark Lachlan Plant

First Plaintiff and First Cross Defendant

Dale John Plant

Second Plaintiff and Second Cross Defendant

Wayne Anthony Bellamy

Defendant and Cross Claimant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was agreement as to the terms and rates for the plaintiffs' work
  2. 2 Whether plaintiffs were entitled to quantum meruit for work performed
  3. 3 Identification of the stage of concreting work

Ratio Decidendi

The plaintiffs, having performed work without a formal agreement as to remuneration, were entitled to recover under quantum meruit for the fair value of works and supervision; the arrangement for unit 10 was an informal contract for sale without obligation to pay rent or occupation fee; the defendant's repudiation of informal sale deprived plaintiffs of benefit and thus no implication for payment for occupation could reasonably arise.

Court Disposition

Judgment for plaintiffs; cross claim dismissed

Orders

  • Verdict and judgment for the plaintiffs in the sum of $112,090.90.
  • Verdict for the plaintiffs/cross defendants on the cross claim.