Mann v Paterson Constructions Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | Kiefel CJ,Bell,Keane JJ.,Gageler J.,Nettle,Gordon,Edelman JJ. |
| Judgment Date | 09 October 2019 |
| Neutral Citation | [2019] HCA 32 |
| Docket Number | M197/2018 |
| Court | High Court |
| Date | 09 October 2019 |
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52 cases
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Avonwick Holdings Ltd v Azitio Holdings Ltd
...which have occurred in relation to a contract.” 783 The second was another decision of the High Court of Australia, Mann v Paterson Constructions Pty Ltd [2019] HCA 32, in which Kiefel CJ, Bell and Keane JJ noted at [23] that Roxborough: “ was not a case of breach of contract on the part of......
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WorkPac Pty Ltd v Rossato
...Ltd (1984) 3 FCR 503 MacMahon Mining Services Pty Ltd v Williams [2010] FCA 1321; (2010) 201 IR 123 Mann v Paterson Constructions Pty Ltd [2019] HCA 32; (2019) 373 ALR 1 Massey v Crown Life Insurance Co [1978] 2 All ER 576 Masterton Homes Pty Ltd v Palm Assets Pty Ltd [2009] NSWCA 234 McKei......
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Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd
...EWCA Civ 1030; [2004] 1 Lloyd’s Rep 505 Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCAFC 151 Mann v Paterson Constructions Pty Ltd [2019] HCA 32; 373 ALR 1 McNamara v Consumer Trader and Tenancy Tribunal [2005] HCA 55; 221 CLR 646 Medtel Pty Ltd v Courtney [2003] FCAFC 151; 130 FCR 182 M......
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12 firm's commentaries
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Corrs Projects Update: Q4 2019
...we consider and offer key takeaways from a number of recent cases and developments, including: Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Keywords: termination, repudiation, quantum meruit) Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 (Keywords: payment schedules, rea......
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Oh Mann! High Court clarifies availability of quantum meruit claims of construction contracts
...overarching and binding document more than ever before. Background In the case of Peter Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32, the owners entered into a fixed price domestic building contract for the construction of two townhouses with Paterson Constructions Pty Ltd......
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Residential focus - In the media, in practice and courts and cases
...to provide relevant documents to tribunal at first instance - injustice caused to the appellant Mann v Paterson Constructions Pty Ltd [2019] HCA 32 Appeal allowed with costs. Restitution - Unjust enrichment - Work and labour done - Where land owners and builder entered into contract to whic......
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High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis
...On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit b) Quantum meruit refers to an equitable claim for restitution for the unjust enrichment of the d......
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3 books & journal articles
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Variations
...Timwin Construction Pty Ltd v Façade Innovations Pty Ltd [2005] NSWSC 548 at [26], per McDougall J; Mann v Paterson Constructions Pty Ltd [2019] hCa 32 at [156]–[157], per Nettle, Gordon and Edelman JJ; Bellemore, “Variation Claims in the absence of required Writing” (2010) 26 BCL 150. In a......
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Restitution and Disgorgement
...See American Law Institute , Restatement Third, Restitution and Unjust Enrichment (St Paul: American Law Institute, 2011) s 38. 41 [2019] HCA 32 (Aust HC) [ Mann ]. See also, Taylor v Motability Finance , [2004] All ER (D) 341 (Comm). 42 Mann , above note 41 at para 216. 43 Ibid . Restituti......
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Peter Devonshire and Rohan Havelock (eds), The Impact of Equity and Restitution in Commerce
...to the questions which he addresses may have lessened – or at least be lessening (see, e.g. Mann v Paterson Constructions Pty Ltd [2019] HCA 32, (2019) 267 CLR 560 paras 74, 150, 199 and 212-213). But his chapter nevertheless repays careful Professor Smith’s brilliant chapter first outlines......