K & K Quality Constructions Pty Ltd v Issa

Case

[2019] NSWCATCD 65

05 November 2019


Details
AGLC Case Decision Date
K and K Quality Constructions Pty Ltd v Issa [2019] NSWCATCD 65 [2019] NSWCATCD 65 05 November 2019

CaseChat Overview and Summary

In the case of K & K Quality Constructions Pty Ltd v Issa, the dispute arose from a residential building project where the applicant, K & K Quality Constructions, claimed entitlement to payment from the respondent, Mr Issa, for work done on a property. The claim was made despite the absence of a formal written contract between the parties. The matter was heard in the Queensland Civil and Administrative Tribunal.

The primary legal issue for the tribunal to determine was whether K & K Quality Constructions was entitled to recover payment under the doctrine of quantum meruit, given the lack of a formal written agreement. The tribunal had to consider whether the circumstances justified an award of just and equitable compensation based on the work performed. Furthermore, the tribunal needed to assess the reasonableness of the amount claimed by K & K Quality Constructions.

The tribunal concluded that K & K Quality Constructions was entitled to be compensated on a quantum meruit basis due to the absence of a formal written contract. The tribunal found that the respondent had acknowledged the work done and had impliedly agreed to pay for it. It was determined that the amount claimed by K & K Quality Constructions was reasonable and fair, reflecting the work carried out. Consequently, the tribunal ordered the respondent to pay the applicant the sum of $6,270 by 30 November 2019.
Details

Areas of Law

  • Commercial Law

  • Contract Law

Legal Concepts

  • Quantum Meruit

  • Contract Formation

  • Unjust Enrichment

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

1

Grygiel v Baine [2005] NSWCA 218
Darin v Olzomer [2012] NSWCA 60