Oliver & Ors v Lakeside Property Pty Ltd & Ors [2006] NSWCA 285

New South Wales Court of Appeal

CITATION: Oliver & Ors v Lakeside Property Pty Ltd & Ors [2006] NSWCA 285 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29 and 30 August 2006

JUDGMENT DATE: 30 October 2006

JUDGMENT OF: Handley JA at 1; Giles JA at 2; Bryson JA at 46

DECISION: Appeal dismissed with costs.

CATCHWORDS: Contract - agreement to provide town planning services for a development project - incomplete agreement on remuneration - later agreement on provision of a parcel of land in the project with a house, or money in lieu - but subject to providing town planning services until the end of the project, which did not occur - whether the later agreement was in substitution for any entitlement to reasonable remuneration - on facts, it was - no recovery on a quantum meruit.

Christopher John Oliver - First Appellant Janet Patterson - Second Appellant PARTIES: Optima Developments Pty Ltd - Third Appellant Lakeside Property Pty Ltd (as trustee for the Lakeside Property Trust) - First Respondent Lakeside Golf Club Ltd - Second Respondent Hun Sunwoo - Third Respondent

FILE NUMBER(S): CA 40880/05

COUNSEL: I G Harrison SC & J F Merkel - Appellants K Newton - Respondents

SOLICITORS: Mallesons Stephen Jaques - Appellants Knowles Lawyers Pty Ltd - Respondents

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): ED 3260/01

LOWER COURT JUDICIAL OFFICER: Barrett J

LOWER COURT DATE OF DECISION: 18 October 2005

LOWER COURT MEDIUM NEUTRAL CITATION: [2005] NSWSC 1040