B & W Windows (Aluminium) Pty Ltd v Marcellos [2014] NSWLC 15

B & W Windows (Aluminium) Pty Ltd v Marcellos [2014] NSWLC 15

The plaintiff disclosed no reasonable cause of action because, on its pleaded case and the evidence, the claimed quantum meruit right was a bare right of action and was not assignable on its own; further, the written asset sale agreement did not contain language of assignment and did not identify or assign contractual rights or restitutionary rights arising from the DW509 Pty Ltd contract with the defendant.

Jurisdiction
Australia
Judgment Date
12 September 2014
Procedural Posture
Civil Claim in Contract/restitution Concerning Supply and Installation of Windows and Doors / Defendant's Motion for Summary Dismissal Under Uniform Civil Procedure Rules, R 13.4(1)(b)
Outcome
The plaintiff's claim was summarily dismissed.
Legal Topics
['assignability' 'quantum Meruit' 'unlicensed Builder' 'unenforceable Contract' 'bare Right of Action' 'summary Dismissal']
['contracts' 'restitution' 'civil Procedure' 'home Building'] ['assignability' 'quantum Meruit' 'unlicensed Builder' 'unenforceable Contract' 'bare Right of Action' 'summary Dismissal']

Case Brief

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Procedural Posture

Civil Claim in Contract/restitution Concerning Supply and Installation of Windows and Doors / Defendant's Motion for Summary Dismissal Under Uniform Civil Procedure Rules, R 13.4(1)(b)

Legal Issues

  1. 1 ["Whether the plaintiff's claim disclosed a reasonable cause of action for the purposes of summary dismissal." 'Whether a right to make a claim in quantum meruit arising from an unenforceable building contract is a bare right of action capable of assignment.' 'Whether the written agreement dated 1 July 2013 assigned contractual rights or restitutionary rights from DW509 Pty Ltd to the plaintiff.']

Ratio Decidendi

The plaintiff disclosed no reasonable cause of action because, on its pleaded case and the evidence, the claimed quantum meruit right was a bare right of action and was not assignable on its own; further, the written asset sale agreement did not contain language of assignment and did not identify or assign contractual rights or restitutionary rights arising from the DW509 Pty Ltd contract with the defendant.

Court Disposition

The plaintiff's claim was summarily dismissed.

Orders

  • ['The proceedings are dismissed as sought by the defendant on the motion.' 'The Court will hear any argument about costs.']