Coleman v Seaborne Pty Ltd [2007] NSWCA 60

Coleman v Seaborne Pty Ltd [2007] NSWCA 60

The appeal failed because the amended statement of claim sought a quantum meruit without limiting it to only unpaid items; the respondent's affidavit and the appellants' expert evidence addressed the whole of the work; any surprise might have supported an adjournment but none was sought; and no appealable error was shown in the District Court judge's adoption of the referee's report.

Jurisdiction
Australia
Judgment Date
15 March 2007
Procedural Posture
Appeal / Appeal From a District Court Decision Adopting a Referee's Report and Entering Judgment for the Respondent
Outcome
Appeal dismissed with costs.
Legal Topics
['quantum Meruit' 'contractual Quantum Meruit' 'restitutionary Quantum Meruit' 'reference to Referee' "adoption of Referee's Report" 'pleadings' 'procedural Fairness']
['contracts' 'civil Procedure'] ['quantum Meruit' 'contractual Quantum Meruit' 'restitutionary Quantum Meruit' 'reference to Referee' "adoption of Referee's Report" 'pleadings' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Appeal From a District Court Decision Adopting a Referee's Report and Entering Judgment for the Respondent

Legal Issues

  1. 1 ["Whether the respondent's pleaded quantum meruit claim was sufficient to cover a claim for the whole of the work done, including both contractual and restitutionary quantum meruit." 'Whether the referee determined liability beyond the pleadings or denied the appellants procedural fairness by allowing the respondent to rely on a broader quantum meruit claim.' 'Whether any error by the referee, or adoption of such an error by the District Court judge, amounted to an appealable error.']

Ratio Decidendi

The appeal failed because the amended statement of claim sought a quantum meruit without limiting it to only unpaid items; the respondent's affidavit and the appellants' expert evidence addressed the whole of the work; any surprise might have supported an adjournment but none was sought; and no appealable error was shown in the District Court judge's adoption of the referee's report.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']