NSW Caselaw
New South Wales Court of Appeal
CITATION: Coleman v Seaborne Pty Ltd [2007] NSWCA 60
HEARING DATE(S): 15/03/07 JUDGMENT OF: Hodgson JA at 1, 44-49, 51; Tobias JA at 50; Young CJ in Eq at 2-43
EX TEMPORE JUDGMENT DATE: 15 March 2007
DECISION: Appeal dismissed with costs.
CATCHWORDS: CONTRACTS- Recovery on quantum meruit- Whether necessary to plead "contractual" or "restitutionary" quantum meruit- Pleading alleging "quantum meruit" sufficient to cover both types of claim. PRACTICE- Reference by court to referee- Referee's report adopted by court- Whether court's adoption of referee's error an appealable error of law- Held no appealable error.
Beveridge v Dontan Pty Ltd (1991) 23 NSWLR 13 Horton v Jones (1934) 34 SR (NSW) 359 CASES CITED: Nine Network Pty Ltd v Kennedy Miller Television Pty Ltd (C/A, 8.6.1994, unreported) Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902
PARTIES: Delise and Tom Coleman (A) Seaborne Pty Ltd (R)
FILE NUMBER(S): CA 40211/06
COUNSEL: F Corsaro SC (A) G Inatey SC and H J A Neal (R)
SOLICITORS: Gadens Lawyers (A) Holman Webb (R)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 4910/03
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 24/03/06
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40211/06 DC 4910/03
HODGSON JA TOBIAS JA YOUNG CJ in EQ
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