Makeig v Tucun [2009] NSWDC 208

Makeig v Tucun [2009] NSWDC 208

The court found that no binding contract or shared understanding was established; promissory estoppel was rejected as the evidence did not support inducement of the alleged assumption or reliance; quantum meruit failed as it was not unjust or unconscionable for the defendants to retain any benefit without payment to the plaintiff.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the defendants.
Legal Topics
['contract' 'promissory Estoppel' 'quantum Meruit']
['civil Law'] ['contract' 'promissory Estoppel' 'quantum Meruit']

Case Brief

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Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether there was a binding contract for payment of a success fee' 'Whether the defendants are estopped from denying a contract under promissory estoppel' 'Whether the plaintiff is entitled to payment on a quantum meruit basis']

Ratio Decidendi

The court found that no binding contract or shared understanding was established; promissory estoppel was rejected as the evidence did not support inducement of the alleged assumption or reliance; quantum meruit failed as it was not unjust or unconscionable for the defendants to retain any benefit without payment to the plaintiff.

Court Disposition

Judgment for the defendants.

Orders

  • ['Verdict and judgment for the defendants.' "Plaintiff to pay the defendants' costs, such costs to be assessed on an indemnity basis in accordance with R 42.15 of the Uniform Civil Procedure Rules 2005 from and including 9 September 2008." 'Order for stay on the costs order until 30 June 2009, provided the plaintiff...