QMT Constructions Pty Ltd v Carringbush Corporation Pty Ltd & 1 Ors [2000] NSWSC 577

QMT Constructions Pty Ltd v Carringbush Corporation Pty Ltd & 1 Ors [2000] NSWSC 577

On evidence and construction of contractual documents, assignment of Building Contract did not impose liability on second defendant to pay plaintiff for building works. The pleading against the second defendant disclosed no maintainable cause of action in quantum meruit or damages, and was struck out.

Jurisdiction
Australia
Judgment Date
26 June 2000
Procedural Posture
Civil / Ruling on Motion to Strike Out Claims Against Second Defendant
Outcome
Plaintiff's claim against the second defendant dismissed, plaintiff to pay second defendant's costs.
Legal Topics
['assignment of Contracts' 'quantum Meruit' 'unjust Enrichment' 'rectification']
['contract Law' 'equity'] ['assignment of Contracts' 'quantum Meruit' 'unjust Enrichment' 'rectification']

Case Brief

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Procedural Posture

Civil / Ruling on Motion to Strike Out Claims Against Second Defendant

Legal Issues

  1. 1 ['Whether the second defendant (mortgagee/financier) is liable to the plaintiff under quantum meruit for unpaid building works' 'Whether Deed of Assignment and Consent varied rights and obligations under the Building Contract so as to create liability for payment with the second defendant' 'Whether claim for rectification of Deed is tenable against second defendant' 'Whether pleading against second defendant discloses a viable cause of action']

Ratio Decidendi

On evidence and construction of contractual documents, assignment of Building Contract did not impose liability on second defendant to pay plaintiff for building works. The pleading against the second defendant disclosed no maintainable cause of action in quantum meruit or damages, and was struck out.

Court Disposition

Plaintiff's claim against the second defendant dismissed, plaintiff to pay second defendant's costs.

Orders

  • ["Plaintiff's claim against the second defendant dismissed" "Plaintiff to pay second defendant's costs, including costs of subject motion" "All reserved costs included in the order that plaintiff pay second defendant's costs"]