The appellants appealed a trial judgment awarding the respondent $2.25 million in quantum meruit damages for services provided in developing a manufacturers' outlet mall.
The respondent had provided extensive development and leasing services under the mistaken belief that the parties were in a joint venture.
The Court of Appeal dismissed the appeal, finding that the trial judge correctly applied a 'value received' approach rather than a 'value added' approach, properly relied on the respondent's expert valuation evidence, and reasonably assessed the fair market value of the unique services provided.
The court also upheld the finding that the appellant construction management company was jointly liable as a co-venturer.
