Goldstone v Patterson; Patterson v Goldstone [2014] NSWCATCD 203

Goldstone v Patterson; Patterson v Goldstone [2014] NSWCATCD 203

The builder cannot prove entitlement to payment for additional work beyond the written contract as there is no evidence of authorisation, reasonable cost, or written variation. The home owner is entitled to a refund for an insurance payment made on false pretences, compensation for defective work, and costs previously awarded, but these amounts are to be set off against any unproven builder's claims to avoid unjust enrichment.

Jurisdiction
Australia
Judgment Date
22 October 2014
Procedural Posture
Claim for Cost of Works and Relief Against Payment, Compensation for Defective Work and Costs / Final Judgment
Outcome
Applicant's claim dismissed. Counterclaims partially upheld.
Legal Topics
['building Contracts' 'defective Works' 'quantum Meruit' 'unjust Enrichment' 'insurance Refunds']
['construction Law' 'consumer Law'] ['building Contracts' 'defective Works' 'quantum Meruit' 'unjust Enrichment' 'insurance Refunds']

Case Brief

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Procedural Posture

Claim for Cost of Works and Relief Against Payment, Compensation for Defective Work and Costs / Final Judgment

Legal Issues

  1. 1 ['Whether the builder is entitled to payment for additional work performed beyond the contract.' 'Whether the home owner is entitled to compensation for defective work and relief from payment for additional work claimed by the builder.' 'Whether the builder must refund an insurance payment and pay costs previously awarded.']

Ratio Decidendi

The builder cannot prove entitlement to payment for additional work beyond the written contract as there is no evidence of authorisation, reasonable cost, or written variation. The home owner is entitled to a refund for an insurance payment made on false pretences, compensation for defective work, and costs previously awarded, but these amounts are to be set off against any unproven builder's claims to avoid unjust enrichment.

Court Disposition

Applicant's claim dismissed. Counterclaims partially upheld.

Orders

  • ['The claim by Graham Goldstone against Colleen Patterson is dismissed.' 'Graham Goldstone is to pay Colleen Patterson the sum of $4,480.00 immediately.' 'Colleen Patterson is relieved from payment of the sum of $22,847.90 to Graham Goldstone.' 'The orders made on 23 January 2014 on file HB 13/47678 are set aside...