Constantinidis & Anor v Capitol Painters [2005] NSWSC 109

Constantinidis & Anor v Capitol Painters [2005] NSWSC 109

Claims for works and materials prior to 1 February 1995 were statute barred and could not be recovered, but Capitol was entitled to judgment for the quantum meruit value of works performed between 1 February 1995 and 1998; no estoppel prevented reliance on the limitation period, and the judgment sum was reduced accordingly.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Appeal / Judgment on Appeal From Local Court Decision
Outcome
Appeal allowed in part
Legal Topics
['limitation Period for Contract Claims' 'quantum Meruit' 'enforceability of Home Building Contracts' 'costs on Appeal']
['contract Law' 'building and Construction Law'] ['limitation Period for Contract Claims' 'quantum Meruit' 'enforceability of Home Building Contracts' 'costs on Appeal']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Local Court Decision

Legal Issues

  1. 1 ['Whether claims for painting works were statute barred under s 14 of the Limitation Act 1969 (NSW)' 'Whether lack of written home building contracts precluded recovery under Home Building Act 1989 (NSW)' 'Availability of quantum meruit for unenforceable building contracts' 'Whether there was estoppel preventing plaintiffs from relying on limitation period']

Ratio Decidendi

Claims for works and materials prior to 1 February 1995 were statute barred and could not be recovered, but Capitol was entitled to judgment for the quantum meruit value of works performed between 1 February 1995 and 1998; no estoppel prevented reliance on the limitation period, and the judgment sum was reduced accordingly.

Court Disposition

Appeal allowed in part

Orders

  • ['Part of the appeal is allowed.' "The judgment that the Constantinidis' pay Capitol $27,336.00 is set aside. In lieu, judgment is entered that the Constantinidis' pay Capitol $11,571.08." 'Interest is to run up to 1 February 2005.' 'Each party is to pay their own costs of the appeal.' 'The costs order made in the...