Trevor John Kelly t/as TJ and Kelly v Smith

In the matter of Trevor John Kelly trading as TJ and Kelly versus Smith, the dispute arose in the Federal Circuit and Family Court of Australia concerning the recovery of extras and variations not authorised in writing, along with a claim for quantum meruit. The applicant, Trevor John Kelly, trading as TJ and Kelly, sought compensation for additional work done that was not initially agreed upon in the written contract with the respondent, Smith.

The primary legal issue before the court was whether the applicant was entitled to recover the costs of extras and variations not authorised in writing, and if so, how much compensation should be awarded. The court needed to determine if the applicant's claim for quantum meruit was valid and if the respondent was liable for the additional expenses incurred due to variations and extras that were not authorised in writing.

The court found that the respondent was indeed liable for the extras and variations not authorised in writing. The court reasoned that the applicant had provided evidence of the additional work performed and the costs associated with it. The respondent had failed to provide any counter-evidence or justification for the additional expenses. As a result, the court determined that the applicant was entitled to recover the costs of the extras and variations not authorised in writing, as well as quantum meruit. The court awarded the applicant the sum of $5,438.43, which the respondent was to pay within one month of the date of the orders. Each party was to bear its own costs.