Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty Ltd [2020] NSWCATAP 131

Bao Long Guo t/as GD Brother Projects v GB Electrical Services Pty Ltd [2020] NSWCATAP 131

The Tribunal at first instance erred in law by finding, absent any evidentiary basis, that the builder obtained or accepted the benefit of additional electrical work performed at the direction of the landowner, and that the builder had been unjustly enriched at the expense of the contractor, thereby justifying a remedy in quantum meruit; as no evidence established that the builder derived such benefit or enrichment regarding the additional works, the quantum meruit claim could not succeed.

Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Appeal / Determination of Internal Appeal by Appeal Panel
Outcome
Appeal allowed; decision at first instance set aside.
Legal Topics
['quantum Meruit' 'unjust Enrichment' 'contract Variations' 'appeal Law']
['building and Construction' 'civil Procedure'] ['quantum Meruit' 'unjust Enrichment' 'contract Variations' 'appeal Law']

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Procedural Posture

Appeal / Determination of Internal Appeal by Appeal Panel

Legal Issues

  1. 1 ['Whether the Tribunal at first instance erred in law in finding that Bao Long Guo had been unjustly enriched by additional electrical works ordered by the landowner and performed by GB Electrical Services Pty Ltd, such that a quantum meruit claim was established']

Ratio Decidendi

The Tribunal at first instance erred in law by finding, absent any evidentiary basis, that the builder obtained or accepted the benefit of additional electrical work performed at the direction of the landowner, and that the builder had been unjustly enriched at the expense of the contractor, thereby justifying a remedy in quantum meruit; as no evidence established that the builder derived such benefit or enrichment regarding the additional works, the quantum meruit claim could not succeed.

Court Disposition

Appeal allowed; decision at first instance set aside.

Orders

  • ['A hearing on GB Electrical Services Pty Limited’s application for miscellaneous matters is dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application for the orders set out in the application for miscellaneous matters is refused.' 'The appeal by Bao Long Guo trading...