Michael Davies Associates Pty Limited v Auburn Council [2007] NSWSC 877

New South Wales Supreme Court

CITATION : Michael Davies Associates Pty Limited v Auburn Council [2007] NSWSC 877

HEARING DATE(S) : 10, 11, 12, 16, 17, 18, 19, 23, 24, 26, 30 April 2007 and 1, 2, 7 May 2007

JUDGMENT DATE : 14 August 2007

JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : Bergin J

DECISION : Plaintiff entitled to judgment. Defendant's cross-claim is dismissed.

CATCHWORDS : [CONTRACT] - Claims by plaintiff for outstanding fees for provision of architectural services to the defendants - Claim by defendants in cross-claim that plaintiff was in breach of retainer and that it was negligent in the provision of its services - [MISLEADING OR DECEPTIVE CONDUCT] - Claim by defendants in cross-claim that plaintiff's conduct was misleading or deceptive - Whether alleged representations made - If made, whether false

LEGISLATION CITED : Civil Procedure Act 2005 Trade Practices Act 1974 (Cth)

Empirnall Holdings Pty Limited v Machon Paull Partners Pty Limited (1988) 14 NSWLR 523 Karedis Enterprises Pty Limited v Antoniou (1995) 59 FCR 35 CASES CITED : Keen Mar Corp Pty Limited v Labrador Park Shopping Centre Pty Limited (1988) ATPR 40-853 Minister for Natural Resources v New South Wales Aboriginal Land Council & Anor (1987) 9 NSWLR 154 Wardley Australia Limited v Western Australia (1992) 175 CLR 514 Wormald Engineering Pty Limited v Resources Conservations Co International (1988) 8 BCL 158

Michael Davies Associates Pty Limited - Plaintiff PARTIES : Auburn Council - First Defendant The State of New South Wales - Second Defendant