Full Court Minute Books

Case M197/2018

Mann & Anor v. Paterson Constructions Pty Ltd

Case No.


Case Information

Lower Court Judgment

12/09/2018 Supreme Court of Victoria (Court of Appeal) (Kyrou, McLeish and Hargrave JJA)

[2018] VSCA 231


Contracts – Termination – Repudiation – Where appellants and respondent entered into building contract – Where appellants purported to terminate on basis respondent repudiated – Where respondent then purported to terminate on basis appellants’ conduct constituted repudiation – Where Victorian Civil and Administrative Tribunal upheld claim by respondent for quantum meruit in amount exceeding contract price – Where Supreme Court and Court of Appeal dismissed appeals – Whether Court of Appeal erred in holding respondent entitled to sue on quantum meruit for works carried out – Whether Court of Appeal erred in holding contract price did not operate as ceiling on amount claimable – Whether Court of Appeal erred in concluding respondent able to recover for variations to works because s 38 of Domestic Building Contracts Act 1995 (Vic) did not apply to quantum meruit claim.  


14/12/2018 Hearing (SLA, Sydney)

19/12/2018 Notice of appeal

01/02/2019 Written submissions (Appellants)

01/02/2019 Chronology (Appellants)

01/03/2019 Written submissions (Respondent)

22/03/2019 Reply (Appellants)

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