Antworks Pty Ltd and Brendon Chhong Lee v Shixin (Cindy) Lee [2015] NSWCATAP 53

Antworks Pty Ltd and Brendon Chhong Lee v Shixin (Cindy) Lee [2015] NSWCATAP 53

Tribunal erred at law by making orders against a director not party to the contract, by failing to include costs of labour and margin in quantum meruit award, and by not setting off unpaid amounts under the contract against the homeowner's claim for incomplete or defective works.

Parties
Appellant: Antworks Pty Ltd; Appellant: Brandon Chhong Lee; Respondent: Shixin (Cindy) Lee
Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal allowed
Legal Topics
Quantum Meruit, Unenforceable Contracts, Parties to Contract, Defective and Incomplete Building Works, Set Off in Damages
Home Building Law Contract Law Quantum Meruit Unenforceable Contracts Parties to Contract Defective and Incomplete Building Works Set Off in Damages

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Parties

Antworks Pty Ltd

Appellant

Brandon Chhong Lee

Appellant

Shixin (Cindy) Lee

Respondent

Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 Whether order was lawfully made against Mr Lee, who was not a party to the first contract
  2. 2 Whether quantum meruit awards omitted necessary components
  3. 3 Whether Tribunal failed to set-off unpaid contract monies against claims for incomplete/defective works

Ratio Decidendi

Tribunal erred at law by making orders against a director not party to the contract, by failing to include costs of labour and margin in quantum meruit award, and by not setting off unpaid amounts under the contract against the homeowner's claim for incomplete or defective works.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • The decision of the Tribunal made on 13 May 2014 on file numbers HB13/11440 and HB13/29435 is quashed.