1 Dec 2010
ROONEY EARTHMOVING LIMITED V TRANSFORM MINERALS LIMITED HC CHCH CIV 2010-409-000714
- Citation
- openlaw-45ed71d4_3839_4ca2_9f29_cee9a76f1230.pdf
- Court
- High Court
The court found there was no unequivocal acceptance by Transform Minerals of a final variation to plant‑hire billing and no estoppel; however, because the parties accepted interim plant‑hire billing and had not agreed a final pricing reconciliation, quantum meruit applied and the hire rate was held to be a reasonable price based on the better survey and truck‑count evidence (accepting Rooney's expert Mr Price); judgment entered for Rooney Earthmoving Limited for $176,551.41, interest reserved and costs to plaintiff on a 2B basis including one junior counsel.