Vivian Fraser & Associates Pty Ltd v Shipton [1999] FCA 60

FEDERAL COURT OF AUSTRALIA Vivian Fraser & Associates Pty Ltd v Shipton [1999] FCA 60 CONTRACT – intention to create legal relations – architect engaged by property developers pursuant to two contracts to prepare specific preliminary drawings – whether also contract by which architect engaged for entire project – no agreement on fee for entire project – whether property developers agreed to pay a "reasonable fee" and negotiate "in good faith" on amount of fee for entire project – whether such agreement enforceable. TRADE PRACTICES - misleading and deceptive conduct – whether property developers represented to architect that he was to be architect for entire project – whether property developers represented to architect that they intended to engage him for entire project and knew of no reason why he would not be so engaged – whether representations misleading or deceptive – whether architect relied on representations. UNJUST ENRICHMENT – quantum meruit – whether contract liable to be set aside and architect permitted to claim a reasonable remuneration for work done – whether remuneration provided for in contracts reasonable – whether architect entitled to reasonable remuneration for work done not covered by contracts – whether architect has quantum meruit claim for work done to assist developer win tender in circumstances in which parties assumed architect would be retained as project architect for entire project but later could not agree on his fee as such with result that he was not retained.

Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1, referred to May & Butcher Ltd v R [1934] 2 KB 17n, applied Foley v Classique Coaches Ltd [1934] 2 KB 1, distinguished Hillas & Co Ltd v Arcos Ltd (1932) 147 LT 503, distinguished Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221, referred to Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221, considered Planche v Colburn (1831) 8 Bing 14 (131 ER 305), referred to Sabemo Pty Ltd v North Sydney Municipal Council [1977] 2 NSWLR 880, distinguished William Lacey (Hounslow) Ltd v Davis [1957] 1 WLR 932, applied Craven-Ellis v Canons Ltd [1936] 2 KB 403, considered British Steel Corp v Cleveland Bridge and Engineering Co Ltd [1984] 1 All ER 504, considered Independent Grocers Co-operative Ltd v Noble Lowndes Superannuation Consultants Ltd (1993) 60 SASR 525, considered Regalian Properties plc v London Docklands Development Corp [1995] 1 WLR 212, distinguished