Bonner v Fauna Productions Pty Ltd [2009] NSWSC 604

Bonner v Fauna Productions Pty Ltd [2009] NSWSC 604

The plaintiff's further amended statement of claim does not disclose a reasonable cause of action as the alleged 'Residuals Agreement' is, at best, an unenforceable agreement to agree; the work agreement provided for remuneration and thus precludes a claim in quantum meruit; there is no claim in debt or for liquidated demand; the alternative claim under the General Agreement was conceded as unsustainable. Leave to replead has already been provided and further leave is refused. Accordingly, the statement of claim is struck out and the proceedings dismissed.

Jurisdiction
Australia
Judgment Date
01 July 2009
Procedural Posture
Civil / Strike Out Application; Summary Termination Before Trial
Outcome
Plaintiff's proceedings dismissed; second further amended statement of claim struck out.
Legal Topics
['summary Termination' 'quantum Meruit' 'agreement to Agree' 'liquidated Demand' 'limitation of Actions']
['civil Procedure' 'contract Law'] ['summary Termination' 'quantum Meruit' 'agreement to Agree' 'liquidated Demand' 'limitation of Actions']

Case Brief

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Procedural Posture

Civil / Strike Out Application; Summary Termination Before Trial

Legal Issues

  1. 1 ['Whether the further amended statement of claim discloses a reasonable cause of action' "Whether the alleged 'Residuals Agreement' is enforceable or merely an agreement to agree" 'Whether a claim in quantum meruit is available' 'Whether the claim is a liquidated demand or debt' 'Whether the alternative claim under the General Agreement has merit' 'Whether the Limitation Act 1969 applies to defeat the claim']

Ratio Decidendi

The plaintiff's further amended statement of claim does not disclose a reasonable cause of action as the alleged 'Residuals Agreement' is, at best, an unenforceable agreement to agree; the work agreement provided for remuneration and thus precludes a claim in quantum meruit; there is no claim in debt or for liquidated demand; the alternative claim under the General Agreement was conceded as unsustainable. Leave to replead has already been provided and further leave is refused. Accordingly, the statement of claim is struck out and the proceedings dismissed.

Court Disposition

Plaintiff's proceedings dismissed; second further amended statement of claim struck out.

Orders

  • ['Second further amended statement of claim to be struck out.' "Plaintiff's proceedings to be dismissed."]