Mann & Anor v. Paterson Constructions Pty Ltd
Case No.
M197/2018
Case Information
Lower Court Judgment
12/09/2018 Supreme Court of Victoria (Court of Appeal) (Kyrou, McLeish and Hargrave JJA)
Catchwords
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.
Documents
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)
14/05/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
14/05/2019 Outline of oral argument (Appellants)
14/05/2019 Outline of oral argument (Respondent)
09/10/2019 Judgment (Judgment summary)