Suecha Pty Ltd v VSD Glass & Timber Pty Ltd [2020] NSWCATAP 170

Suecha Pty Ltd v VSD Glass & Timber Pty Ltd [2020] NSWCATAP 170

The Tribunal was entitled to find that Suecha Pty Ltd contracted with VSD Glass & Timber Pty Ltd because it was open to prefer Mr Douaihy's evidence and reject the evidence of Mr Gittany and Mr Hazzoury, including because of findings concerning the concocted written home building contract. The Tribunal correctly treated the reasonable value of completed works as the relevant quantum meruit inquiry and could rely on agreed contract prices reflected in the quotations for the kitchens, frameless shower screens and wardrobes. However, it erred in awarding amounts for eight additional items listed only in the tax invoice because there was no evidence of agreed prices, actual detail of work,...

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Internal Appeal in Home Building Contract and Quantum Meruit Proceedings / Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 20 April 2020
Outcome
Appeal allowed in part; leave to appeal on grounds other than a question of law refused.
Legal Topics
['parties to Unwritten Home Building Contract' 'quantum Meruit' 'proof of Reasonable Value' 'relevance of Contract Prices' 'leave to Appeal' 'adequacy of Reasons']
['contract Law' 'home Building' 'restitution and Unjust Enrichment' 'civil Procedure'] ['parties to Unwritten Home Building Contract' 'quantum Meruit' 'proof of Reasonable Value' 'relevance of Contract Prices' 'leave to Appeal' 'adequacy of Reasons']

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Procedural Posture

Internal Appeal in Home Building Contract and Quantum Meruit Proceedings / Appeal From NSW Civil and Administrative Tribunal, Consumer and Commercial Division Decision Dated 20 April 2020

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that Suecha Pty Ltd contracted with VSD Glass & Timber Pty Ltd rather than J & G Constructions Pty Ltd.' "Whether the Tribunal's finding on the contracting party involved an error of law, inadequate reasons, failure to consider relevant evidence, or was against the weight of evidence." 'Whether the Tribunal applied the wrong test in assessing a quantum meruit claim for an unenforceable home building contract.' 'Whether the tax invoice and quotations provided probative evidence of the reasonable value of all works claimed.' 'Whether leave to appeal should be granted on grounds other than a question of law.']

Ratio Decidendi

The Tribunal was entitled to find that Suecha Pty Ltd contracted with VSD Glass & Timber Pty Ltd because it was open to prefer Mr Douaihy's evidence and reject the evidence of Mr Gittany and Mr Hazzoury, including because of findings concerning the concocted written home building contract. The Tribunal correctly treated the reasonable value of completed works as the relevant quantum meruit inquiry and could rely on agreed contract prices reflected in the quotations for the kitchens, frameless shower screens and wardrobes. However, it erred in awarding amounts for eight additional items listed only in the tax invoice because there was no evidence of agreed prices, actual detail of work,...

Court Disposition

Appeal allowed in part; leave to appeal on grounds other than a question of law refused.

Orders

  • ['The appeal is allowed in part.' 'The appellant is to pay the respondent, VSD Glass & Timber Pty Ltd, within 14 days, the sum of $55,840.00 instead of the amount of $99,450.00 ordered to be paid by the Tribunal at first instance on 20 April 2020.' 'Leave to appeal on grounds other than a question of law is...