Roude v Helwani

[2020] NSWCA 310

Court of Appeal

Supreme Court

New South Wales

• Summary available
• Amendment notes

Medium Neutral Citation:

Roude v Helwani [2020] NSWCA 310

Hearing dates:

21 October 2020

Decision date:

02 December 2020

Before:

White JA at [1];
Brereton JA at [56];
McCallum JA at [57]

Decision:

Appeal dismissed with costs.

Catchwords:

RESTITUTION — Quantum meruit – whether necessary to establish “objective standard” or “market rate” for value of work performed – whether invoices prepared by builder capable of being evidence of reasonable remuneration – where unreasonableness of invoices denied by builder – where appeal confined to a question of law

Legislation Cited:

Evidence Act 1995 (NSW) s 79

Local Court Act 2007 (NSW) ss 39, 40

Cases Cited:

Flett v Deniliquin Publishing Co Ltd (1964–1965) NSWR 383

Horley v Sector 7G Architecture Pty Ltd (in liq) [2011] NSWSC 827

L Shaddock and Associates Pty Ltd v Parramatta City Council (No. 1) (1981) 150 CLR 225; [1981] HCA 59

Mann v Patterson Constructions Pty Ltd [2019] HCA 32; 93 ALJR 1164

McPhee v S Bennett Ltd (1934) 52 WN (NSW) 8

Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221; [1987] HCA 5

Re MSU Management Pty Ltd; Urusoglu v MSU Management Pty Ltd & Ors [2011] NSWSC 54

Roude v Helwani [2020] NSWSC 123

Sochorova v Durairaj [2020] QCA 158

Sopov v Kane Constructions Pty Ltd (No. 2) (2009) 24 VR 510; [2009] VSCA 141

South Australian Harbours Board v South Australian Gas Co (1934) 51 CLR 485; [1934] HCA 45

Thomas v Hollier (1984) 156 CLR 152; [1984] HCA 35

Whitehaven Coal Mining Ltd v Pain [2018] NSWCA 229

Yeats v Nominal Defendant [2004] NSWCA 259

Texts Cited:

J D Heydon, Cross on Evidence, 12th ed, LexisNexis Butterworths, 2020

Category:

Principal judgment

Parties:

Ali Roude (First Appellant)
Susan Roude (Second Appellant)
Adib Helwani (Respondent)

Representation:

Counsel:
F Hicks SC with D Allen (Appellants)
Q Rares (Respondent)

Solicitors:
Darby Jones Lawyers (Appellants)
Garland Hawthorn Brahe (Respondent)

File Number(s):

2020/71539

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law Division

Citation:

[2020] NSWSC 123

Date of Decision:

26 February 2020

Before:

Harrison AsJ

File Number(s):

2017/295301

HEADNOTE

The appellants appealed to the Supreme Court from a judgment of a Local Court Magistrate who gave judgment for the respondent on a quantum meruit claim for reasonable remuneration for electrical and plumbing work carried out by the respondent. The appeal was on a question of law. The appellants contended that there was no evidence of the fair and reasonable cost of performing the work. An Associate Judge dismissed the appeal finding there was evidence on which the learned magistrate was entitled to rely in determining the quantum meruit.

The respondent carried out extensive electrical and plumbing work for the appellants over a period of five years from 2008. There was no written contract, no quotation, and no defined scope of work. During the course of the work, the appellants…