Eden Construction Co Pty Ltd v Grigor [2016] NSWCATAP 182

Eden Construction Co Pty Ltd v Grigor [2016] NSWCATAP 182

There was no express or implied agreement that the respondent would pay for dry hire of equipment after 29 January 2012, and the applicant's expectation of such payment was unsupported in evidence. The claim under quantum meruit failed as the respondent did not freely accept the services in the relevant sense, having rejected the proposal for additional charges. The lack of communication from the respondent did not transform the ongoing relationship into one requiring payment for previously free services.

Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal and application for leave to appeal dismissed; orders of Tribunal below confirmed; Appellant to pay respondent's costs of appeal as agreed or assessed, with part on full indemnity basis.
Legal Topics
['quantum Meruit' 'unjust Enrichment' 'contractual Obligations' 'day Labour' 'equipment Hire' 'costs of Proceedings']
['building and Construction' 'contract Law' 'restitution'] ['quantum Meruit' 'unjust Enrichment' 'contractual Obligations' 'day Labour' 'equipment Hire' 'costs of Proceedings']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether respondent ought to have known the applicant expected to be paid for dry hire of equipment after 29 January 2012' 'Whether there was an agreement for payment of equipment hire charges' 'Whether claim for quantum meruit is justified']

Ratio Decidendi

There was no express or implied agreement that the respondent would pay for dry hire of equipment after 29 January 2012, and the applicant's expectation of such payment was unsupported in evidence. The claim under quantum meruit failed as the respondent did not freely accept the services in the relevant sense, having rejected the proposal for additional charges. The lack of communication from the respondent did not transform the ongoing relationship into one requiring payment for previously free services.

Court Disposition

Appeal and application for leave to appeal dismissed; orders of Tribunal below confirmed; Appellant to pay respondent's costs of appeal as agreed or assessed, with part on full indemnity basis.

Orders

  • ['Appeal and application for leave to appeal dismissed' 'Orders made in the Tribunal below confirmed' "Appellant to pay respondent's costs of appeal as agreed or assessed, on ordinary basis except for part incurred due to need to brief new counsel, which is payable on a full indemnity basis"]