The High Court of Australia has granted special leave to appeal from the decision of the Victorian Court of Appeal in Mann v Paterson Constructions Pty Ltd [2018] VSCA 231.
The Victorian Supreme Court of Appeal had essentially found that the builder was entitled to recover the ‘fair and reasonable’ value of the benefit conferred on the owner by the work that the builder performed as at the point that the Owner repudiated the Contract in question.
The High Court will now determine whether this principle was correctly applied and provide clarity as to whether quantum meruit claims remain available in circumstances where a Contract is repudiated.