Day v Quince’s Quality Building Services Pty Ltd [2021] NSWCATAP 296

Day v Quince’s Quality Building Services Pty Ltd [2021] NSWCATAP 296

The Tribunal erred in interpreting cl 14 of the contract by failing to reduce the contract price by the actual cost of work not required when works were decreased or omitted. The proper interpretation requires that such costs are deducted. Tribunal further erred by failing to assess damages for delay and quantum meruit by applying contract rate ceilings, necessitating remittal for redetermination.

Parties
Appellant: Aaron Day; Appellant: Claire Day; Respondent: Quince's Quality Building Services Pty Ltd
Jurisdiction
Australia
Judgment Date
30 September 2021
Procedural Posture
Appeal / Appeal Decision
Outcome
appeal allowed
Legal Topics
Interpretation of Home Building Contract, Variation Clauses, Quantum Meruit, Procedural Fairness, Damages for Delay
Building and Construction Commercial Law Interpretation of Home Building Contract Variation Clauses Quantum Meruit Procedural Fairness Damages for Delay

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Parties

Aaron Day

Appellant

Claire Day

Appellant

Quince's Quality Building Services Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether Tribunal erred in interpretation and application of cl 14 of the BC4 Residential Building Contract
  2. 2 Whether Tribunal failed to determine material issues regarding claims for damages for delay
  3. 3 Whether Tribunal erred in assessing quantum meruit and contract rate ceilings

Ratio Decidendi

The Tribunal erred in interpreting cl 14 of the contract by failing to reduce the contract price by the actual cost of work not required when works were decreased or omitted. The proper interpretation requires that such costs are deducted. Tribunal further erred by failing to assess damages for delay and quantum meruit by applying contract rate ceilings, necessitating remittal for redetermination.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The orders of the Tribunal in HB 20/43841 of 31 May 2021 are set aside and the matter will be remitted to the Tribunal.