HAWKER & ANOR v. BARRETTS BOWYANGS PTY LTD & ANOR [2001] NSWSC 913

HAWKER & ANOR v. BARRETTS BOWYANGS PTY LTD & ANOR [2001] NSWSC 913

The defendants did not prove the alleged oral variation to the written agreement, and the cap of $50,000 specified in clause 7.4 remains applicable; $50,000 is the maximum allowable entitlement for the Project Manager services. Evidence did not support that the plaintiffs agreed to a higher sum or an open-ended...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2001
Procedural Posture
Equity / Trial Judgment
Outcome
Plaintiffs succeed in limiting payment to the $50,000 cap; cross-claim dismissed; orders as to distribution of funds and costs made.
Legal Topics
['joint Venture' 'real Estate Development' 'oral Variation of Written Agreement' 'project Manager Entitlement' 'distribution of Joint Venture Proceeds']
['partnership' 'equity'] ['joint Venture' 'real Estate Development' 'oral Variation of Written Agreement' 'project Manager Entitlement' 'distribution of Joint Venture Proceeds']

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Procedural Posture

Equity / Trial Judgment

Legal Issues

  1. 1 ["Whether there was an oral agreement varying the written agreement capping the Project Manager's allowance at $50,000" 'Whether the first defendant is entitled to $98,000 or $50,000 for Project Manager services']

Ratio Decidendi

The defendants did not prove the alleged oral variation to the written agreement, and the cap of $50,000 specified in clause 7.4 remains applicable; $50,000 is the maximum allowable entitlement for the Project Manager services. Evidence did not support that the plaintiffs agreed to a higher sum or an open-ended increase.

Court Disposition

Plaintiffs succeed in limiting payment to the $50,000 cap; cross-claim dismissed; orders as to distribution of funds and costs made.

Orders

  • ['Declaration in accordance with Claim 13(a) in the Statement of Claim.' '$133,849.00 to the Plaintiffs from the principal moneys in St George Bank account.' '$50,000.00 to the First named Defendant from the principal moneys in St George Bank account.' 'Balance of principal equally between Plaintiffs and First named...