Gordon Winter Company Ltd (Respondent) v NH International (Caribbean) Ltd (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0050

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

NH International (Caribbean) Ltd

Respondent(s)

Gordon Winter Company Ltd

Issue

Whether pleading a case solely on the basis of quantum meruit – and on the absence of a contract – precludes the award of damages for breach of contract (to the party pleading the quantum meruit case).

Facts

NH and GW were companies involved in the construction of a new office building for the Trinidad and Tobago Ministry of Education. NH was the main contractor, and GW was a sub-contractor. GW claimed that it was owed money by NH for the work it carried out. It received four payments before it ceased work following a disagreement. It claimed that it had no contract with NH but was nevertheless entitled to a fair sum for the work it had completed (in particular, the driving of piles into the ground) under the doctrine of quantum meruit. It argued that this amount needed to take account of the altered specifications for the work resulting from unexpected site conditions. NH counter-claimed, arguing that a contract had been entered into, but that it had been breached by NH (and consequently terminated by GW). The trial judge held that there had been a contract – therefore the quantum meruit claim did not need to be considered – and that each party owed money to the other, with the balance coming out in NH’s favour. GW appealed, and NH cross-appealed. Both parties were partially successful, but the existence of the contract was upheld and the quantum meruit claim again rejected. NH now appeals to the Judicial Committee of the Privy Council on the basis that GW was awarded damages for breach of contract despite having pursued a case premised on the denial of the existence of a contract: NH had only ever been required to respond to a quantum meruit claim and had not had the opportunity to properly defend itself against a contractual one.