Mann v Paterson Constructions Pty LtdCitation:[2019] HCA 32Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:09 Oct 2019Case Number:M197/2018Read more

Mann v Paterson Constructions Pty LtdCitation:[2019] HCA 32Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:09 Oct 2019Case Number:M197/2018Read more

The builder is entitled to recover in restitution for work and labour done, including variations, following termination of the contract by acceptance of the owners' repudiation, but the amount recoverable may be limited by section 38 of the Domestic Building Contracts Act 1995 (Vic) and the contract price may operate as a ceiling unless otherwise provided.

Parties
Plaintiff: Land Owners; Defendant: Builder
Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Civil / Judgment
Outcome
Builder entitled to restitution subject to statutory and contractual limits
Legal Topics
Unjust Enrichment, Work and Labour Done, Domestic Building Contracts, Quantum Meruit, Contract Termination
Restitution Contract Law Unjust Enrichment Work and Labour Done Domestic Building Contracts Quantum Meruit Contract Termination

Case Brief

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Parties

Land Owners

Plaintiff

Builder

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether section 38 of the Domestic Building Contracts Act 1995 (Vic) limits the amount recoverable by the builder for variations
  2. 2 Whether the builder is entitled to recover in restitution as an alternative to damages for breach of contract
  3. 3 Whether the contract price operates as a ceiling on the amount recoverable by way of restitution

Ratio Decidendi

The builder is entitled to recover in restitution for work and labour done, including variations, following termination of the contract by acceptance of the owners' repudiation, but the amount recoverable may be limited by section 38 of the Domestic Building Contracts Act 1995 (Vic) and the contract price may operate as a ceiling unless otherwise provided.

Court Disposition

Builder entitled to restitution subject to statutory and contractual limits

Orders

  • Builder may recover on a quantum meruit basis for work and labour done, including variations, subject to section 38 of the Act and the contract price ceiling.