Tagget v McLean Austquip Pty Limited [2014] NSWSC 1310

Tagget v McLean Austquip Pty Limited [2014] NSWSC 1310

It was open to the magistrate to find that a contract existed with an implied term for reasonable remuneration, and to conclude the sum claimed was reasonable, based on evidence and industry practice; no error of law in characterisation or in quantum assessment was demonstrated.

Parties
Appellant: Peter Francis Tagget; Respondent: McLean Austquip Pty Limited
Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Quantum Meruit, Reasonableness of Claim, Implied Contract, Unjust Enrichment
Contract Law Restitution Quantum Meruit Reasonableness of Claim Implied Contract Unjust Enrichment

Case Brief

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Parties

Peter Francis Tagget

Appellant

McLean Austquip Pty Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Local Court claim was contractual or restitutionary
  2. 2 Whether an implied promise to pay constituted a contract
  3. 3 Whether the amount claimed for work and materials was reasonable

Ratio Decidendi

It was open to the magistrate to find that a contract existed with an implied term for reasonable remuneration, and to conclude the sum claimed was reasonable, based on evidence and industry practice; no error of law in characterisation or in quantum assessment was demonstrated.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; if necessary, parties to be heard on costs.