Security Retirement Pty Limited v Twibill Architects Pty Limited & Anor [2005] NSWCA 325

New South Wales Court of Appeal

CITATION: Security Retirement Pty Limited v Twibill Architects Pty Limited & Anor [2005] NSWCA 325

HEARING DATE(S): 15/09/2005

JUDGMENT DATE: 8 December 2005

JUDGMENT OF: Mason P at 1; Bryson JA at 2; Young CJ in Eq at 40

DECISION: Appeal dismissed with costs.

CATCHWORDS: LIMITATION OF ACTIONS - claim for Architect's fees on termination of services - construction of handwritten additions to RAIA Client/Architect Agreement (Short Form, including conditions and fees) issued March 1984 revised March 1990 - HELD on construction of document, that Architect's entitlement to fees on termination accrued on termination not earlier when entitled to Progress payment, and was not time-barred - decision on handwritten additions to standard form, no question of general principle.

LEGISLATION CITED: Limitation Act 1969 - s.14

Pickering v Ilfracombe Railway Co (1868) LR 3 CP 235 Hollis v Palmer (1836) 2 Bing NC 713;132 ER 275 Cheang Thye Phin v Lam Kin Sang [1929] AC 670 (PC) Re Otway Coal Co Ltd [1953] VLR 557 at 565 CASES CITED: The Millstream Pty Ltd v Schultz [1980] 1 NSWLR 547 Archbold v Scully (1861) 9 HLC 360; 11 ER 769. Norton v Ellam (1837) 2 M & W 461; 150 ER 839 Australia and New Zealand Banking Group Ltd v Douglas Morris Investments Pty Ltd [1992] 1 Qd R 478

Security Retirement Ptyp Limited - Appellant PARTIES: Twibill Architects Pty Limited - First Respondent Devine Erby Mazlin Australia Pty Limited - Second Respondent

FILE NUMBER(S): CA 41177/2004

T. Davie - Appellant COUNSEL: J. Bailey SC/J Donnellan - 1&2 Respondents