Plant and Ors v Bellamy [2009] NSWDC 123

New South Wales District Court

CITATION: Plant and Ors v Bellamy [2009] NSWDC 123

HEARING DATE(S): 02/03/2009-05/03/2009

JUDGMENT DATE: 12 June 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1 - Verdict and judgment for the plaintiffs in the sum of $112,090.90. DECISION: 2 - Verdict for the plaintiffs/cross defendants on the cross claim. 3 - The proceedings are listed at 9.30 on 17 June 2009 to deal with issues of interest and costs and the return of exhibits. 4 - My reasons are published.

CATCHWORDS: Contract - unwritten - dispute as to its terms - plaintiff's entitlement to quantum meruit for work performed - repudiation by defendant of informal agreement for sale of property disentitling him to license fee during period of occupation by plaintiffs

CASES CITED: Butt v McDonald (1986) 7 QLJ 68

TEXTS CITED: D W Greig and J L R Davis, The Law of Contract (1987) N C Seddon and M P Ellinghaus, Cheshire & Fifoot's Law of Contract (8th Australian ed, 2002)

Mark Lachlan Plant (First Plaintiff and First Cross Defendant) PARTIES: Dale John Plant (Second Plaintiff and Second Cross Defendant) Wayne Anthony Bellamy (Defendant and Cross Claimant)

FILE NUMBER(S): 287/06

Mr Rayment and Mr Marshal (First Plaintiff and First Cross Defendant) COUNSEL: Mr Rayment and Mr Marshal (Second Plaintiff and Second Cross Defendant) Mr Cummings (Defendant and Cross Claimant)

Bilbie Dan (First Plaintiff and First Cross Defendant) SOLICITORS: Bilbie Dan (Second Plaintiff and Second Cross Defendant) Graham Barrett & Associates (Defendant and Cross Claimant)