Rathchime Pty Ltd v Willat [2017] NSWCATAP 87

Rathchime Pty Ltd v Willat [2017] NSWCATAP 87

The Appeal Panel found that the Tribunal Member erred in law by failing to consider and determine the appellant's claim for a credit due to overpayment and for not offsetting certain payments made by the homeowner against the builder's quantum meruit entitlement. Orders for payment to be made by the respondent to the appellant were substituted. Leave to appeal on issues regarding contract abandonment and failure to refer to specific evidence was refused as no error was established.

Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
Appeal allowed in part: grounds 5 and 6; leave to appeal refused on grounds 2 and 3; orders varied.
Legal Topics
['appeals' 'procedural Fairness' 'quantum Meruit' 'contract Abandonment' 'mutual Abandonment' 'set Off for Overpayment']
['civil Procedure' 'building and Construction Law'] ['appeals' 'procedural Fairness' 'quantum Meruit' 'contract Abandonment' 'mutual Abandonment' 'set Off for Overpayment']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal Member's finding of mutual abandonment was manifestly unreasonable" 'Whether the Tribunal Member failed to consider relevant evidence of communications between the parties' 'Whether the Tribunal Member erred by failing to take into account a credit for overpayment' "Whether payments made by the homeowner for specific items should have been offset against builder's quantum meruit entitlement"]

Ratio Decidendi

The Appeal Panel found that the Tribunal Member erred in law by failing to consider and determine the appellant's claim for a credit due to overpayment and for not offsetting certain payments made by the homeowner against the builder's quantum meruit entitlement. Orders for payment to be made by the respondent to the appellant were substituted. Leave to appeal on issues regarding contract abandonment and failure to refer to specific evidence was refused as no error was established.

Court Disposition

Appeal allowed in part: grounds 5 and 6; leave to appeal refused on grounds 2 and 3; orders varied.

Orders

  • ['Leave to Appeal in relation to Grounds of Appeal 2 and 3 is refused and those parts of the appeal are dismissed.' 'The appeal is allowed in connection with Grounds Five and Six.' 'Order 1 of the Tribunal made on 9 September 2016 is set aside and replaced with an order that Grant Willatt must pay Rathchime Pty Ltd...