Roude v Helwani

[2020] NSWCA 310

NSW Court of Appeal

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Interrogate

Catchwords

1. Restitution
2. › Quantum meruit
3. › Reasonable remuneration for work performed
4. › Whether necessary to establish 'objective standard' or 'market rate' for value of work
5. › Whether invoices prepared by builder capable of being evidence of reasonable remuneration
6. › Whether unreasonableness denied by builder constitutes some evidence of reasonableness
1. Evidence
2. › Opinion evidence
3. › Specialised knowledge
4. › Whether party with trade qualifications entitled to give opinion evidence as to reasonableness of charges
5. › Evidence Act 1995 (NSW), s 79
1. Appeal
2. › Appeal on question of law from Local Court
3. › Whether there was 'no evidence' to support finding
4. › Distinction between 'no evidence' and 'insufficient evidence'
5. › Local Court Act 2007 (NSW), ss 39, 40

Quick Take

While market rate evidence is the usual method of proof in quantum meruit claims, a court may assess reasonableness on other available evidence including the claimant's own invoices, detailed breakdowns, and expert opinion based on trade qualifications, particularly where the opposing party has not challenged the reasonableness of the charges.