Lohmann v Jaques

This case concerns a dispute between Graham J Lohmann and Meryl C Lohmann and Ian Clark Jaques regarding the remuneration owed for domestic building work. The parties' disagreement reached the Appeal Tribunal, which issued a decision that was subsequently appealed. The appeal was heard by the court, which had to determine the scope of the contractual obligations between the parties and the quantum of interest, if any, that was recoverable.

The primary legal issues that the court had to address were whether the contract between the parties covered the work performed, the extent of the work done, and the amount of interest that could be recovered. The court also had to determine whether the appeal was within the jurisdiction of the tribunal.

In reaching its decision, the court examined the terms of the contract, the nature of the work done, and the evidence presented by both parties. The court found that the contract did cover the work performed, and that the parties had an agreement for an extra charge for work outside the scope of the original contract. The court also held that interest was recoverable under the terms of the contract, but only on a quantum meruit basis. The court found that the tribunal had correctly calculated the amount owed to the Lohmanns but had erred in its calculation of the interest.

The court allowed the appeals, varying the decision of the tribunal by reducing the amount owed to Jaques and increasing the amount owed to the Lohmanns. The court also ordered that the money held by the tribunal be paid to the appropriate parties. The court did not make an order regarding the costs of the appeal, but invited the parties to submit written contentions if they wished to argue for a different order regarding costs.