Capital Radio Network Pty Ltd v Garrott [2008] NSWSC 17

Capital Radio Network Pty Ltd v Garrott [2008] NSWSC 17

Clause 15, read in context against the parties' course of dealing and the purpose of resolving all outstanding financial matters, was not confined to narrow accounting tasks or to invoices already rendered, but extended to all professional services and fees of the kind provided by Garrott's firm for the stated periods. No end date or invoicing cut-off was to be implied for the period commencing 1 July 2001. The plaintiffs did not show that the expert acted outside the contractual task, including in relation to the high level work. Accordingly, Mr Scott's determination of 15 December 2003 was made in accordance with the agreement and was final and binding.

Jurisdiction
Australia
Judgment Date
30 January 2008
Procedural Posture
Contractual Declaratory Proceedings and Cross Claim Concerning Expert Determination / Principal Judgment
Outcome
The plaintiffs' claims for declaratory relief were dismissed; the cross-claim succeeded in substance, with a declaration to be made that Mr Scott's determination of 15 December 2003 is final and binding in relation to clause 15, money judgments to be entered after confirmation of sums, statutory interest to be...
Legal Topics
['contract Construction' 'expert Determination' 'accountancy Fees' 'contractual Releases' 'interest' 'costs']
['contracts' 'equity' 'civil Procedure'] ['contract Construction' 'expert Determination' 'accountancy Fees' 'contractual Releases' 'interest' 'costs']

Case Brief

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Procedural Posture

Contractual Declaratory Proceedings and Cross Claim Concerning Expert Determination / Principal Judgment

Legal Issues

  1. 1 ['Whether the determination made on 15 December 2003 by Mr R C Scott of Duesburys, Chartered Accountants, was a valid and effective determination under clause 15 and the Sixth Schedule of the agreement dated 11 February 2002.' 'Whether clause 15 was confined to accounting or accountancy fees narrowly understood, or extended to professional services including secretarial, advisory and corporate services.' "Whether clause 15 implied an end date for the period commencing 1 July 2001, or confined the expert's task to fees already invoiced by a particular date." "Whether the expert acted outside the scope of his task by allowing fees for high level work said to concern Mr Garrott's own position and interests."]

Ratio Decidendi

Clause 15, read in context against the parties' course of dealing and the purpose of resolving all outstanding financial matters, was not confined to narrow accounting tasks or to invoices already rendered, but extended to all professional services and fees of the kind provided by Garrott's firm for the stated periods. No end date or invoicing cut-off was to be implied for the period commencing 1 July 2001. The plaintiffs did not show that the expert acted outside the contractual task, including in relation to the high level work. Accordingly, Mr Scott's determination of 15 December 2003 was made in accordance with the agreement and was final and binding.

Court Disposition

The plaintiffs' claims for declaratory relief were dismissed; the cross-claim succeeded in substance, with a declaration to be made that Mr Scott's determination of 15 December 2003 is final and binding in relation to clause 15, money judgments to be entered after confirmation of sums, statutory interest to be...

Orders

  • ['Claims in the statement of claim to be dismissed.' "Declaration to be made substantially as sought by the cross-claim, modified to state that Mr Scott's determination of 15 December 2003 is final and binding on all parties in relation to clause 15 of the agreement." 'Money judgments to be ordered in favour of the...