OAKTWIG PTY LIMITED v WILLIAMS [2008] NSWCA 106

OAKTWIG PTY LIMITED v WILLIAMS [2008] NSWCA 106

Leave to appeal was refused because the implied term that the success fee was payable on approval by the Land and Environment Court had been expressly disclaimed at trial and could not be raised on appeal where it might have been met by further evidence; in any event, it was inconsistent with the express terms that made the fee payable on approval by Parramatta Council.

Jurisdiction
Australia
Judgment Date
19 May 2008
Procedural Posture
Application for Leave to Appeal in a Contract/professional Fees Claim / Court of Appeal Application for Leave to Appeal, Treated as the Hearing of the Appeal
Outcome
Leave to appeal refused; summons dismissed with costs.
Legal Topics
['oral Contract' 'implied Terms' 'quantum Meruit' 'success Fee' 'new Point on Appeal']
['contract' 'appeals'] ['oral Contract' 'implied Terms' 'quantum Meruit' 'success Fee' 'new Point on Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal in a Contract/professional Fees Claim / Court of Appeal Application for Leave to Appeal, Treated as the Hearing of the Appeal

Legal Issues

  1. 1 ['Whether the claimant could on appeal rely on an implied term that a success fee was payable upon approval by the Land and Environment Court, after that implied term had been disclaimed at trial.' 'Whether the proposed implied term was consistent with the express terms of the oral contract, which made the success fee payable on approval by Parramatta Council.' 'Whether the trial judge improperly used exhibit 1 as evidence of the terms of the oral contract.']

Ratio Decidendi

Leave to appeal was refused because the implied term that the success fee was payable on approval by the Land and Environment Court had been expressly disclaimed at trial and could not be raised on appeal where it might have been met by further evidence; in any event, it was inconsistent with the express terms that made the fee payable on approval by Parramatta Council.

Court Disposition

Leave to appeal refused; summons dismissed with costs.

Orders

  • ['Summons dismissed with costs.']