Lauer v Comer (No 2) [2016] NSWCATAP 158

Lauer v Comer (No 2) [2016] NSWCATAP 158

Given the deliberate and conspiratorial contravention of statutory protections by the builder, it was not just and equitable to allow a quantum meruit claim under s 94(1A) of the Home Building Act 1989, especially where there was no satisfactory evidence of value of the work performed, and the loss of statutory protection far outweighed any benefit obtained by the owners.

Parties
Appellant: Simon Lauer; Appellant: Rachel Ng; Respondent: Ike Comer
Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal allowed in part
Legal Topics
Quantum Meruit, Just and Equitable Principle, Costs Orders, Statutory Compliance
Home Building Civil Procedure Quantum Meruit Just and Equitable Principle Costs Orders Statutory Compliance

Case Brief

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Parties

Simon Lauer

Appellant

Rachel Ng

Appellant

Ike Comer

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether it was just and equitable to allow a quantum meruit under s 94(1A) of the Home Building Act 1989
  2. 2 Whether there was sufficient evidence to assess the value of work for a quantum meruit claim
  3. 3 Appropriate order as to costs

Ratio Decidendi

Given the deliberate and conspiratorial contravention of statutory protections by the builder, it was not just and equitable to allow a quantum meruit claim under s 94(1A) of the Home Building Act 1989, especially where there was no satisfactory evidence of value of the work performed, and the loss of statutory protection far outweighed any benefit obtained by the owners.

Court Disposition

appeal allowed in part

Orders

  • Appeal allowed in part.
  • Order made in Tribunal below quashed.