Amanda Duncan-Strelec & Ors v Thomas Richard Tate & Ors [2010] NSWSC 872

Amanda Duncan-Strelec & Ors v Thomas Richard Tate & Ors [2010] NSWSC 872

The plaintiffs failed because the November 2005 joint venture arrangement was mutually abandoned on 26 February 2006, no binding agreement reviving it or creating a new joint venture was established on 20 June 2006, and the later correspondence confirmed that the parties would go their separate ways. David Strelec's quantum meruit claim also failed because the relevant services were provided gratuitously and without any established obligation on Thomas Tate or Wamego to pay reasonable remuneration.

Jurisdiction
Australia
Judgment Date
06 August 2010
Procedural Posture
Proceedings for Damages and Other Relief Arising From the Failure of a Joint Venture Arrangement for the Development of Real Estate, Including a Quantum Meruit Claim / Principal Judgment After Hearing
Outcome
The further amended statement of claim was dismissed and the plaintiffs were ordered to pay the defendants' costs.
Legal Topics
['joint Venture Agreement' 'abandonment of Agreement' 'formation or Revival of Agreement' 'development of Land' 'quantum Meruit' 'gratuitous Services']
['contract Law' 'restitution' 'equity'] ['joint Venture Agreement' 'abandonment of Agreement' 'formation or Revival of Agreement' 'development of Land' 'quantum Meruit' 'gratuitous Services']

Case Brief

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Procedural Posture

Proceedings for Damages and Other Relief Arising From the Failure of a Joint Venture Arrangement for the Development of Real Estate, Including a Quantum Meruit Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the oral joint venture agreement made on about 10 November 2005 was mutually abandoned on about 26 February 2006.' 'Whether the joint venture agreement was revived, or a new joint venture agreement was established, on or about 20 June 2006.' "Whether any later arrangement was terminated by the parties' correspondence in August and September 2006." 'Whether David Strelec was entitled to reasonable remuneration on a quantum meruit basis for professional services relating to preparation and lodgement of the development application.']

Ratio Decidendi

The plaintiffs failed because the November 2005 joint venture arrangement was mutually abandoned on 26 February 2006, no binding agreement reviving it or creating a new joint venture was established on 20 June 2006, and the later correspondence confirmed that the parties would go their separate ways. David Strelec's quantum meruit claim also failed because the relevant services were provided gratuitously and without any established obligation on Thomas Tate or Wamego to pay reasonable remuneration.

Court Disposition

The further amended statement of claim was dismissed and the plaintiffs were ordered to pay the defendants' costs.

Orders

  • ['The further amended statement of claim be dismissed.' "The plaintiffs pay the defendants' costs."]