K & K Quality Constructions Pty Ltd v Issa [2019] NSWCATCD 65

K & K Quality Constructions Pty Ltd v Issa [2019] NSWCATCD 65

It is just and equitable to order payment for documented preliminary work (architectural, structural, stormwater plans and survey) performed in relation to residential building work, even absent a written contract, where the respondent's conduct and signed documents indicated awareness and approval that such work would be undertaken. Recovery for other items is denied due to insufficient evidence of value or approval.

Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Home Building Application / Final Hearing and Determination
Outcome
Money order granted for part of applicant's claim; respondent required to pay for documented items only.
Legal Topics
['quantum Meruit' 'entitlement to Payment Without Written Contract' 'consumer Claims for Residential Building Work' 'just and Equitable Remedies']
['residential Building Law' 'contract Law' 'restitution'] ['quantum Meruit' 'entitlement to Payment Without Written Contract' 'consumer Claims for Residential Building Work' 'just and Equitable Remedies']

Case Brief

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Procedural Posture

Home Building Application / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the applicant is entitled to payment for preliminary residential building work without a written contract' 'Whether a binding agreement existed between the parties for preliminary work' 'Whether quantum meruit applies and if recovery is just and equitable']

Ratio Decidendi

It is just and equitable to order payment for documented preliminary work (architectural, structural, stormwater plans and survey) performed in relation to residential building work, even absent a written contract, where the respondent's conduct and signed documents indicated awareness and approval that such work would be undertaken. Recovery for other items is denied due to insufficient evidence of value or approval.

Court Disposition

Money order granted for part of applicant's claim; respondent required to pay for documented items only.

Orders

  • ['The respondent is to pay the applicant the sum of $6,270 on or before 30 November 2019.']