Helen Jan Ronner v Hi-Tech Park Homes Pty Limited and Ex Tech Constructions Pty Limited [2014] NSWCATCD 186

Helen Jan Ronner v Hi-Tech Park Homes Pty Limited and Ex Tech Constructions Pty Limited [2014] NSWCATCD 186

Both the First and Second Contracts were terminated, the former by consent and the latter by repudiation on the part of the respondents. No building work was performed. There was no valid assignment of the applicant’s payment between the responding parties. The applicant is entitled to restitution of the $22,568.00 paid to Hi-Tech, as no contractual or quantum meruit claim subsisted for the respondents.

Parties
Applicant: Helen Jan Ronner; First Respondent: Hi-Tech Park Homes Pty Limited; Second Respondent: Ex-Tech Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
01 October 2014
Procedural Posture
Consumer and Commercial / Hearing and Final Decision
Outcome
applicant succeeds
Legal Topics
Contract Termination, Repudiation, Damages, Joint Liability, Assignment of Debt, Quantum Meruit, Restitution
Contract Law Consumer Law Building and Construction Law Contract Termination Repudiation Damages Joint Liability Assignment of Debt +2 more

Case Brief

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Parties

Helen Jan Ronner

Applicant

Hi-Tech Park Homes Pty Limited

First Respondent

Ex-Tech Constructions Pty Limited

Second Respondent

Procedural Posture

Consumer and Commercial / Hearing and Final Decision

Legal Issues

  1. 1 Whether the First Contract between applicant and Hi-Tech was terminated and with what consequence.
  2. 2 Whether the Second Contract between applicant and Ex-Tech was terminated and whether by repudiation.
  3. 3 Whether the applicant is entitled to restitution or damages for monies paid under the terminated contracts.

Ratio Decidendi

Both the First and Second Contracts were terminated, the former by consent and the latter by repudiation on the part of the respondents. No building work was performed. There was no valid assignment of the applicant’s payment between the responding parties. The applicant is entitled to restitution of the $22,568.00 paid to Hi-Tech, as no contractual or quantum meruit claim subsisted for the respondents.

Court Disposition

applicant succeeds

Orders

  • Hi-Tech Park Homes Pty Limited is to pay the applicant the sum of $22,568.00 immediately.
  • All other claims are dismissed.