Geneville Constructions Pty Ltd v Leslight (No 3)

Geneville Constructions Pty Ltd brought an action against Leslight, asserting claims under both a contract and quantum meruit. Leslight counterclaimed. The case was heard in the Supreme Court of New South Wales. The primary dispute centred on whether Geneville was entitled to additional payments under the contract and, if not, whether it was entitled to a quantum meruit recovery. Secondary issues included the quantum of costs and interest payable.

The court needed to determine whether the parties should bear their own costs for the applications brought before it and if there should be any indemnity costs order. It also needed to decide if an order for interest should be made in relation to the quantum meruit claim and, if so, from what date.

The court found that there was no basis for making an indemnity costs order. It reasoned that the plaintiff's quantum meruit claim was successful but the contractual claim was not. The court held that it was appropriate for the parties to bear their own costs for the applications, with liberty to apply for a different costs order within 14 days. As to interest, the court held that it should be awarded in relation to the quantum meruit claim from a particular date, which was detailed in the judgment.

The orders of the court were that the parties should prepare and exchange their proposed orders within 14 days, and in the event of continued disagreement, each party should prepare and exchange their proposed orders with supporting submissions. Each party was to bear its own costs for the applications, with liberty to apply for a different costs order within 14 days. Interest was to be ordered in relation to the quantum meruit claim from a specified date.