CMF Projects Pty Ltd v Riggall & Anor

[2014] QCA 318

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Building, engineering and related contracts
3. › Remuneration
4. › Recovery on quantum meruit
5. › Whether statutory regime for cost plus contracts precludes common law quantum meruit claim
6. › Domestic Building Contracts Act 2000 (Qld), ss 55(3), 55(4)
1. Restitution
2. › Quantum meruit
3. › Work performed under unenforceable contract
4. › Whether statutory provision conferring tribunal jurisdiction to award costs plus profit abrogates common law right to quantum meruit
5. › Presumption against statutory abrogation of common law rights
1. Statutory Interpretation
2. › Presumption against abrogation of common law rights
3. › Whether clear legislative intention to abrogate quantum meruit right necessarily implied
4. › Domestic Building Contracts Act 2000 (Qld), ss 3, 55
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether quantum meruit argument was unreasonably maintained

Quick Take

A building contractor whose cost plus contract is unenforceable under s 55(3) of the Domestic Building Contracts Act 2000 (Qld) retains the common law right to recover on a quantum meruit basis in a court, in addition to the statutory avenue of applying to QCAT under s 55(4). The obiter conclusion of [name withheld] in Gemini Nominees that s 55 restricted a builder to recovery under s 55(4) alone has been reversed.