Inline Partners Pty Ltd v Hadden [2023] NSWDC 273

Inline Partners Pty Ltd v Hadden [2023] NSWDC 273

There was an implied contract between Inline Partners Pty Ltd and Mr Hadden personally for the relevant accountancy services, based on the objective circumstances of instructions and benefit. The obligation to pay a reasonable fee arose, the rates invoiced were reasonable, and Mr Hadden's refusal to pay the invoices was a breach. The existence of such a contract precluded recovery in quantum meruit.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Civil / Principal Judgment After Final Hearing
Outcome
Judgment for the plaintiff
Legal Topics
['privity of Contract' 'implication of Terms' 'common Counts' 'quantum Meruit' 'availability of Restitution Where Valid Contract']
['contracts' 'restitution'] ['privity of Contract' 'implication of Terms' 'common Counts' 'quantum Meruit' 'availability of Restitution Where Valid Contract']

Case Brief

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Procedural Posture

Civil / Principal Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether there was a contract for accountancy services between Inline Partners Pty Ltd and Mr Hadden and/or entities associated with him' 'Who were the correct counterparties to the contract' 'Whether the failure to agree on charge out rates precluded contractual liability' 'Whether, if no contract, the plaintiff could recover on a quantum meruit']

Ratio Decidendi

There was an implied contract between Inline Partners Pty Ltd and Mr Hadden personally for the relevant accountancy services, based on the objective circumstances of instructions and benefit. The obligation to pay a reasonable fee arose, the rates invoiced were reasonable, and Mr Hadden's refusal to pay the invoices was a breach. The existence of such a contract precluded recovery in quantum meruit.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $79,933.41 (inclusive of interest).' "The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis as agreed or assessed." "Grant liberty to the parties to apply to vary the costs order, within 7 days, by email to the judge's associate."]