Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292

Dick v Buildingwise Constructions Pty Ltd (No 2) [2023] NSWCATAP 292

The builder/respondent failed to adduce proper or sufficient evidence to quantify its quantum meruit entitlement regarding Unit 1 pool; in the absence of such evidence, the claim for quantum meruit for that pool cannot succeed, and the previously ordered amount should be reduced accordingly.

Parties
First Appellant: Brian William Dick; Second Appellant: Catherine Maree Dick; Respondent: Buildingwise Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
02 November 2023
Procedural Posture
Appeal / Decision on Quantum Meruit Remittal Following Partial Appeal Allowed
Outcome
Appellants to pay the respondent $50,196.32 in lieu of the prior order; directions given for costs submissions, existing indemnity costs order not disturbed.
Legal Topics
Quantum Meruit, Quantification of Claims, Evidence Required for Quantum Meruit, Costs, Assessment of Value for Defective Work
Building and Construction Civil Procedure Quantum Meruit Quantification of Claims Evidence Required for Quantum Meruit Costs Assessment of Value for Defective Work

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Parties

Brian William Dick

First Appellant

Catherine Maree Dick

Second Appellant

Buildingwise Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Quantum Meruit Remittal Following Partial Appeal Allowed

Legal Issues

  1. 1 Whether there was sufficient evidence to quantify a quantum meruit claim for Unit 1 pool
  2. 2 Appropriate method for apportioning costs where direct evidence is unavailable
  3. 3 Whether the respondent established its entitlement to quantum meruit damages given defects and lack of evidence

Ratio Decidendi

The builder/respondent failed to adduce proper or sufficient evidence to quantify its quantum meruit entitlement regarding Unit 1 pool; in the absence of such evidence, the claim for quantum meruit for that pool cannot succeed, and the previously ordered amount should be reduced accordingly.

Court Disposition

Appellants to pay the respondent $50,196.32 in lieu of the prior order; directions given for costs submissions, existing indemnity costs order not disturbed.

Orders

  • Order (1) made on 29 March 2023 in HB 21/50499 is set aside and substituted so the appellants are to pay the respondent $50,196.32.
  • Each party to file and serve submissions on costs on or before 16 November 2023; other party may respond on or before 28 November 2023.