Mann v Paterson

Last week the High Court handed down their split decision in Mann v Paterson Constructions Pty Ltd.

Wayne Jocic now has a handy note on the case at the High Court blog:

• Wayne Jocic, ‘A tale of two townhouses and quantum meruit: Mann v Paterson Constructions Pty Ltd‘ on Opinions on High (16 October 2019)

The issue was whether a builder, who accepts an owner’s contract repudiation, can then elect between a claim for damages for breach of contract and a quantum meruit assessment. The Court also considered whether ‘the contract price imposed a ceiling on any quantum meruit assessment.’

By 4-3 majority the High Court held that quantum meruit claims are available in some circumstances … to find out which ones read Wayne’s article!