MONTELEONE v AV CONSTRUCTIONS PTY LTD [1989] NSWCA 148

MONTELEONE v AV CONSTRUCTIONS PTY LTD [1989] NSWCA 148

The defendant owner is entitled in damages to the reasonable cost of rectification by the longer-lasting, more expensive membrane, not limited to the cost of a temporary, inadequate remedy. Cost evidence of materials and labour is at least prima facie sufficient for quantum meruit unless proper detriment is shown to offset enrichment.

Parties
Appellant/defendant: URJ Monteleone; Respondent/plaintiff: AV Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 1989
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; judgment below set aside; judgment for defendant for $2,497.55 from 1 September 1988; plaintiff to pay defendant's costs below and on appeal.
Legal Topics
Quantum Meruit, Damages for Defective Work, Identity of Contractual Parties, Measure of Damages, Remedial Works
Contract Law Building and Construction Quantum Meruit Damages for Defective Work Identity of Contractual Parties Measure of Damages Remedial Works

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Parties

URJ Monteleone

Appellant/defendant

AV Constructions Pty Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether AV Constructions Pty Ltd was the contracting party to an oral building contract
  2. 2 Whether $6,000 expended by AV Constructions Pty Ltd represented the reasonable value of the building work for quantum meruit
  3. 3 Whether the detriment claimed by the defendant offset the value for quantum meruit

Ratio Decidendi

The defendant owner is entitled in damages to the reasonable cost of rectification by the longer-lasting, more expensive membrane, not limited to the cost of a temporary, inadequate remedy. Cost evidence of materials and labour is at least prima facie sufficient for quantum meruit unless proper detriment is shown to offset enrichment.

Court Disposition

Appeal allowed; judgment below set aside; judgment for defendant for $2,497.55 from 1 September 1988; plaintiff to pay defendant's costs below and on appeal.

Orders

  • Appeal allowed.
  • Judgment of District Court set aside.