Redman v Sazdanoff

Redman v Sazdanoff is a case involving a dispute between the plaintiff, Redman, and the defendant, Sazdanoff. The matter pertains to the validity of a written quotation as a binding contract under section 7 of the Home Building Act 1989 and the applicability of a quantum meruit claim in the context of oral agreements. The case was heard in the Civil and Administrative Tribunal of New South Wales, and the defendant appealed the tribunal's decision to the Supreme Court.

The legal issues in this appeal revolve around the interpretation and application of section 7 of the Home Building Act 1989, which requires that any agreement between a home builder and a homeowner must be in writing. The tribunal had found that the defendant's quotation could be relied upon as a written contract, which the plaintiff contested. Additionally, the tribunal ruled that a claim for quantum meruit was not tenable in light of the oral contracts between the parties. The defendant argued that the tribunal's findings of fact were incorrect and that the appeal should be allowed on those grounds.

The court found that there was no error of law in the tribunal's decision. The quotation was considered to be a written contract in compliance with section 7 of the Home Building Act 1989. The court also held that a claim for quantum meruit was not appropriate as there were already oral contracts between the parties. The tribunal's findings of fact were not subject to appeal, and the court dismissed the defendant's appeal. The court further ordered that the defendant pay the plaintiff's costs of the appeal and that the affidavit evidence be returned.