Roude v Helwani

Case [2020] NSWCA 310


Court of Appeal


Supreme Court


New South Wales

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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…

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Roude v Helwani [2020] NSWCA 310
Case
[2020] NSWCA 310
Decision Date

CaseChat Overview and Summary

The appeal in *Roude v Helwani* concerned a dispute over the reasonable remuneration for building work performed by the respondent, Mr Helwani, for the appellant, Mr Roude. The primary dispute revolved around the quantum meruit claim brought by Mr Helwani, seeking payment for work undertaken. The appeal to the Court of Appeal of New South Wales was confined to a question of law.

The central legal issue before the court was whether it was necessary to establish an "objective standard" or "market rate" to determine the value of the work performed in a claim for remuneration on a quantum meruit basis. A further issue was whether invoices prepared by the builder could be admitted as evidence of reasonable remuneration, particularly where the builder denied their unreasonableness.

The Court of Appeal held that it was not necessary to establish an objective standard or market rate for the value of work performed to succeed in a quantum meruit claim. The court reasoned that the invoices prepared by the builder were capable of being evidence of reasonable remuneration, especially as the builder had not conceded their unreasonableness. The court affirmed that the question of what constitutes reasonable remuneration is a question of fact, and the invoices provided a basis for assessing that remuneration.

The appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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