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Australia quantum meruitterminationbuilding contracts

Mann v Paterson Constructions Pty Ltd

(2019) 267 CLR 560
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Key Principle

The High Court held that where a building contract is terminated for the other party's repudiation, the innocent builder cannot recover a quantum meruit for work for which a contractual right to payment had already accrued (its remedy being debt or damages), and that any restitutionary quantum meruit for work where no right to payment had accrued is capped by the contract price for that work.

Area of Law

contract

Related Cases

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525
Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104

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