On 30th June 2022, two leave questions were posed to the Federal Court by the Applicant/consultant. Out of the two, one was more notable i.e.,
In summary, “Whether quantum meruit and substantial performance can be applied simultaneously to a construction consultancy contract?”
After hearing submissions from both parties, the Federal Court agreed with the Respondent/developer that the doctrines of substantial performance and quantum meruit cannot be applied simultaneously to the same part of a contract – it must be applied singly. Where there exists a contract to pay an agreed sum, a claim on quantum meruit cannot arise.
Accordingly, the Federal Court dismissed the Applicant/consultant’s application for leave to appeal to the Federal Court.
The Respondent/developer was successfully represented by Derrick Oon (Partner) from Nazreen Oon & Partner’s dispute resolution practice.
