NSW Caselaw
New South Wales Supreme Court
CITATION : Adamson v Ede [2008] NSWSC 767
HEARING DATE(S) : 27 June 2008
JUDGMENT DATE : 30 July 2008
JUDGMENT OF : Smart AJ at 1
DECISION : See paragraph 70
CATCHWORDS : Local Court Appeal - Oral 'tit for tat' agreement between solicitor and builder - void costs agreement - builder engaged to do clerical work for solicitor and sues on quantum meruit - rate of remuneration - question of fact - builder engaged by solicitor as expert witness in unusual circumstances where he assumes liability for payment of fees - quantum meruit claim - indifferently drafted amended statement of claim - case conducted and decided on particular basis - GST payable on amounts awarded
Clerical And Administrative Employees Legal Industry (State) Award LEGISLATION CITED : Frustrated Contracts Act (NSW) Legal Profession Act Local Courts Act 1982
CATEGORY : Principal judgment
Banque Commercial S.A, En Liquidation v Akhill Holdings Limited (1989-1990) 169 CLR at 286 Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221 Foran v Wight (1989) 168 CLR 385 CASES CITED : Leading Edge Events Australia Pty Ltd v Kiri Ti Kanawa [2007] NSWSC 228 Port of Melbourne Authority v Anshun Pty Ltd (1980-1981) 147 CLR 189 Pavey and Matthews v Paul 162 CLR 221 Robbins v Bridge (1837) M & W 114 Wentworth v Rogers [2005] NSWSC 143
TEXTS CITED : Expert Evidence Freckleton & Selby
PARTIES : Christopher Michael Adamson v Kenneth John Ede
FILE NUMBER(S) : SC 30007/2008
COUNSEL : Mr C Adamson (In person) M.J. Horowitz (for Mr Ede)
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