Roude v Helwani

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.