Moses v Ratner [2022] NSWSC 1234

Moses v Ratner [2022] NSWSC 1234

On the balance of probabilities, the joint venturers agreed Mr Ratner would build the townhouses for the amended sum of $1,850,000; Mr Moses' liability for building costs is limited to one half of this sum, subject to a $200,000 adjustment between the parties for difference in property values.

Jurisdiction
Australia
Judgment Date
20 September 2022
Procedural Posture
Principal Judgment / Final Judgment, Orders for Taking of Accounts
Outcome
Declaration that construction cost under joint venture is $1,850,000; plaintiff liable for one half, subject to $200,000 adjustment. Accounts to be taken between parties; if not agreed, referral to expert for calculation.
Legal Topics
['joint Venture Agreement' 'construction Contract' 'oral Agreements' 'taking of Accounts' 'quantum Meruit Claims']
['contract Law'] ['joint Venture Agreement' 'construction Contract' 'oral Agreements' 'taking of Accounts' 'quantum Meruit Claims']

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Procedural Posture

Principal Judgment / Final Judgment, Orders for Taking of Accounts

Legal Issues

  1. 1 ['Whether there was an oral agreement as to a fixed sum for construction in the joint venture' 'Whether the building costs were to be based on a fixed price or a rate per square metre' 'Entitlement to payment for building works based on quantum meruit']

Ratio Decidendi

On the balance of probabilities, the joint venturers agreed Mr Ratner would build the townhouses for the amended sum of $1,850,000; Mr Moses' liability for building costs is limited to one half of this sum, subject to a $200,000 adjustment between the parties for difference in property values.

Court Disposition

Declaration that construction cost under joint venture is $1,850,000; plaintiff liable for one half, subject to $200,000 adjustment. Accounts to be taken between parties; if not agreed, referral to expert for calculation.

Orders

  • ['The costs of construction for the project are set at $1,850,000 under the joint venture agreement.' 'Plaintiff is liable for one half of the $1,850,000 construction cost.' 'Plaintiff must credit the defendants $200,000 for the property value adjustment.' 'If parties cannot agree on accounting and determination of...