JENNINGS CONSTRUCTIONS LTD v QH AND M BIRT LTD [1989] NSWCA 111

JENNINGS CONSTRUCTIONS LTD v QH AND M BIRT LTD [1989] NSWCA 111

Leave to appeal refused because no sufficient doubt exists about the correctness of the trial judge's reasoning and the new point of law raised was not properly before the Court, having not been raised at arbitration or first instance.

Parties
Claimant: Jennings Constructions Ltd; Opponent: QH and M Birt Ltd
Jurisdiction
Australia
Judgment Date
31 January 1989
Procedural Posture
Application for Leave to Appeal / Decision of Court of Appeal on Leave Applications
Outcome
applications dismissed
Legal Topics
Repudiation, Quantum Meruit, Leave to Appeal, Arbitration Award, Building Contracts
Contract Law Repudiation Quantum Meruit Leave to Appeal Arbitration Award Building Contracts

Case Brief

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Parties

Jennings Constructions Ltd

Claimant

QH and M Birt Ltd

Opponent

Procedural Posture

Application for Leave to Appeal / Decision of Court of Appeal on Leave Applications

Legal Issues

  1. 1 Whether leave to appeal should be granted on the issue of quantum meruit as a remedy following repudiation of contract
  2. 2 Whether the quantum meruit claim constitutes an available remedy at law after contract repudiation
  3. 3 Whether new points of law may be raised on appeal which were not advanced before the arbitrator or at first instance

Ratio Decidendi

Leave to appeal refused because no sufficient doubt exists about the correctness of the trial judge's reasoning and the new point of law raised was not properly before the Court, having not been raised at arbitration or first instance.

Court Disposition

applications dismissed

Orders

  • applications dismissed with costs