Roude v Helwani [2020] NSWCA 310

Roude v Helwani [2020] NSWCA 310

It is not necessary, in a quantum meruit claim, for a claimant to establish the value of work performed strictly by reference to an objective standard or market rate; the court may base its assessment on available evidence including detailed invoices, descriptions of work undertaken, the professional expertise of the provider, and the absence of contemporaneous objection, to conclude that the charges are fair and reasonable in the circumstances.

Jurisdiction
Australia
Judgment Date
02 December 2020
Procedural Posture
Appeal / Determination of Appeal From Supreme Court of New South Wales, Common Law Division, Originating in Local Court
Outcome
Appeal dismissed with costs.
Legal Topics
['quantum Meruit' 'evidence of Reasonable Remuneration' 'admissibility of Invoices as Evidence' 'requirements for Proof of Market Rate' 'questions of Law on Appeal']
['restitution'] ['quantum Meruit' 'evidence of Reasonable Remuneration' 'admissibility of Invoices as Evidence' 'requirements for Proof of Market Rate' 'questions of Law on Appeal']

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Procedural Posture

Appeal / Determination of Appeal From Supreme Court of New South Wales, Common Law Division, Originating in Local Court

Legal Issues

  1. 1 ["Whether proof of 'objective standard' or 'market rate' is necessary for quantum meruit claim" "Whether builder's invoices are capable of constituting evidence of reasonable remuneration" "Whether absence of objection to invoices and builder's denial of unreasonableness is evidence of reasonableness"]

Ratio Decidendi

It is not necessary, in a quantum meruit claim, for a claimant to establish the value of work performed strictly by reference to an objective standard or market rate; the court may base its assessment on available evidence including detailed invoices, descriptions of work undertaken, the professional expertise of the provider, and the absence of contemporaneous objection, to conclude that the charges are fair and reasonable in the circumstances.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "Appellants to pay the respondent's costs."]