Lauer v Comer [2016] NSWCATAP 99

Lauer v Comer [2016] NSWCATAP 99

The Tribunal below erred by granting a quantum meruit on unlicensed and uninsured work without making the necessary 'just and equitable' finding under s 94(1A) Home Building Act 1989, and without giving the parties the opportunity to address the issue or making sufficient findings as to the value of the work and blameworthiness. As a result, the Tribunal's reasons could not sustain the quantum meruit finding and further submissions from the parties are directed.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Appeal / Directions for Further Submissions Before Final Orders
Outcome
Orders below relating to quantum meruit cannot stand; final orders deferred pending parties' further submissions.
Legal Topics
['quantum Meruit' 'unlicensed Building Work' 'contract Enforceability' 'restitution' 'civil Appeals']
['building and Construction' 'consumer Law'] ['quantum Meruit' 'unlicensed Building Work' 'contract Enforceability' 'restitution' 'civil Appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Directions for Further Submissions Before Final Orders

Legal Issues

  1. 1 ['Whether the Tribunal erred in allowing a quantum meruit for unlicensed and uninsured work without making findings required by s 94(1A) Home Building Act 1989.' 'Whether there was sufficient evidentiary basis for the value of works found below.' 'Whether procedural fairness was afforded regarding the issue of unjust enrichment/quantum meruit.']

Ratio Decidendi

The Tribunal below erred by granting a quantum meruit on unlicensed and uninsured work without making the necessary 'just and equitable' finding under s 94(1A) Home Building Act 1989, and without giving the parties the opportunity to address the issue or making sufficient findings as to the value of the work and blameworthiness. As a result, the Tribunal's reasons could not sustain the quantum meruit finding and further submissions from the parties are directed.

Court Disposition

Orders below relating to quantum meruit cannot stand; final orders deferred pending parties' further submissions.

Orders

  • ['Respondent to file submissions in support of quantum meruit within 14 days.' 'Appellants to file reply within 14 days thereafter.' 'Respondent to file reply submissions within 7 days.' 'Final orders, including costs, will be determined on the papers.']