Roude v Helwani [2020] NSWSC 123

The appeal is dismissed because the Magistrate did not err in finding, based on detailed invoices and uncontested evidence, that the amount claimed was fair and reasonable for quantum meruit, and adequate reasons and the proper standard of proof were applied.

Jurisdiction: Australia
Judgment Date: 26 February 2020
Procedural Posture: Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: ['quantum Meruit' 'unjust Enrichment' 'home Building Act' 'assessment of Reasonable Costs' 'appeal on Questions of Law']

['contract Law' 'restitution' 'civil Procedure'] ['quantum Meruit' 'unjust Enrichment' 'home Building Act' 'assessment of Reasonable Costs' 'appeal on Questions of Law']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

1 ['Was there evidence of the fair and reasonable cost of the works to support a quantum meruit claim?' 'Did the Magistrate provide adequate reasons for awarding the quantum meruit sum?' 'Did the Magistrate apply the correct standard of proof and onus?' 'What is the consequence under the Home Building Act of an unwritten contract and lack of insurance?' 'Should evidence (statutory declarations and assets/liabilities statements) be excluded as improperly obtained?']

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

['The appeal is dismissed.' "Magistrate Atkinson's decision dated 9 November 2018 is affirmed." 'The amended summons dated 5 September 2019 is dismissed.' "The plaintiffs are to pay the defendant's costs on an ordinary basis."]