Paraiso v CBS Build Pty Ltd [2019] NSWCATAP 211

Paraiso v CBS Build Pty Ltd [2019] NSWCATAP 211

The Tribunal's interpretation of contract variations and provisional sums was correct; it was entitled to prefer the builder's and its expert's evidence. Quantum meruit recovery was available where work benefited the owner and outside the contract. There was no denial of procedural fairness or error in costs, and findings were not against the weight of evidence. Accordingly, the appeal was dismissed and costs awarded to the respondent.

Parties
Appellant: Rica Paraiso; Respondent: CBS Build Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Contract Variations, Quantum Meruit, Provisional Sums, Procedural Fairness, Costs on Appeal
Home Building Contract Law Civil Procedure Contract Variations Quantum Meruit Provisional Sums Procedural Fairness Costs on Appeal

Case Brief

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Parties

Rica Paraiso

Appellant

CBS Build Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in interpretation of the building contract regarding variations and provisional sums
  2. 2 Whether the Tribunal erred in allowing quantum meruit claims by the builder
  3. 3 Whether procedural fairness was denied during the original hearing

Ratio Decidendi

The Tribunal's interpretation of contract variations and provisional sums was correct; it was entitled to prefer the builder's and its expert's evidence. Quantum meruit recovery was available where work benefited the owner and outside the contract. There was no denial of procedural fairness or error in costs, and findings were not against the weight of evidence. Accordingly, the appeal was dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Subject to the orders below, the appellant is to pay the respondent's costs of the appeal as agreed or as assessed in accordance with the applicable costs assessment legislation, on the ordinary basis.