Oliver & Ors v Lakeside Property Pty Ltd & Ors [2006] NSWCA 285
The October 1995 agreement, as recorded in the letter and in context, was a substitution for any entitlement to further reasonable remuneration beyond the monthly payments, and the agreed reward (house and land or money equivalent) was conditional on completion of the project. As the appellants did not provide services until project completion, they could not recover on a quantum meruit.
- Jurisdiction
- Australia
- Judgment Date
- 30 October 2006
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['quantum Meruit' 'agreements for Remuneration' 'conditional Contracts' 'substitution of Agreed Remuneration']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether an agreement for the provision of a parcel of land (or money in lieu) in return for town planning services was in substitution for any entitlement to reasonable remuneration' 'Whether the appellants could recover on a quantum meruit basis after not fulfilling the condition of providing services until project completion']
Ratio Decidendi
The October 1995 agreement, as recorded in the letter and in context, was a substitution for any entitlement to further reasonable remuneration beyond the monthly payments, and the agreed reward (house and land or money equivalent) was conditional on completion of the project. As the appellants did not provide services until project completion, they could not recover on a quantum meruit.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.']
Full Case Text
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