In the matter of The Spanish Club Limited [2015] NSWSC 1858

In the matter of The Spanish Club Limited [2015] NSWSC 1858

The application for summary dismissal is refused because Mr Whittingham's claim for quantum meruit regarding category 10 remuneration has not already been determined and falls within the scope of the remittal; issues of implied request and benefit are factual and legal matters to be determined at the final hearing, and the claim is not so untenable as to justify summary dismissal.

Parties
First Plaintiff: Dolores Correa; Second Plaintiff: The Spanish Club Limited; Defendant: Kenneth Michael Whittingham
Jurisdiction
Australia
Judgment Date
08 December 2015
Procedural Posture
Amended Interlocutory Process / Interlocutory Application Determined Prior to Final Hearing
Outcome
Plaintiffs' Amended Interlocutory Process dismissed; Plaintiffs to pay Defendant's costs of and incidental to the application as agreed or as assessed.
Legal Topics
Remittal of Matters, Quantum Meruit, Summary Dismissal, Appointment and Remuneration of Administrators, Restitution
Civil Procedure Corporations Law Equity Remittal of Matters Quantum Meruit Summary Dismissal Appointment and Remuneration of Administrators Restitution

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Parties

Dolores Correa

First Plaintiff

The Spanish Club Limited

Second Plaintiff

Kenneth Michael Whittingham

Defendant

Procedural Posture

Amended Interlocutory Process / Interlocutory Application Determined Prior to Final Hearing

Legal Issues

  1. 1 Whether the claim for quantum meruit for work done in conduct of proceedings was remitted for further hearing
  2. 2 Whether Mr Whittingham's claim for remuneration in respect of the proceedings should be summarily dismissed

Ratio Decidendi

The application for summary dismissal is refused because Mr Whittingham's claim for quantum meruit regarding category 10 remuneration has not already been determined and falls within the scope of the remittal; issues of implied request and benefit are factual and legal matters to be determined at the final hearing, and the claim is not so untenable as to justify summary dismissal.

Court Disposition

Plaintiffs' Amended Interlocutory Process dismissed; Plaintiffs to pay Defendant's costs of and incidental to the application as agreed or as assessed.

Orders

  • The Amended Interlocutory Process filed by the Plaintiffs be dismissed.
  • The Plaintiffs to pay the Defendant's costs of and incidental to the application as agreed or as assessed.