NSW Caselaw
New South Wales Supreme Court
CITATION : Oaktwig Pty Ltd v Glenhaven Property Holdings Pty Ltd [2007] NSWSC 1533
HEARING DATE(S) : 19/02/07-002/03/07, 07/05/07, 14/05/07-29/05/07
JUDGMENT DATE : 28 June 2007
JUDGMENT OF : James J
DECISION : Verdict in favour of the plaintiff on the claim and a verdict in favour of the cross-defendants on the cross-claim.
CATCHWORDS : Architect's remuneration — architect's professional negligence — State Environmental Planning Policy 5 — Corporations Act s 131
Corporations Act LEGISLATION CITED : Environmental Planning and Assessment Act Fair Trading Act
Astley and Ors v Austrust Ltd (1998 –1999) 197 CLR 1 Aztech Science Pty Ltd v Atlanta Aerospace (Woy Woy) Pty Ltd [2005] NSWCA 319 CASES CITED : DEM (Australia) Pty Ltd v Pittwater Council [2004] NSWCA 434 Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 Oliver v Lakeside Resort Property Trust Pty Ltd [2005] NSWSC 1040
PARTIES : Oaktwig Pty Ltd v Glenhaven Property Holdings Pty Ltd
FILE NUMBER(S) : SC 11684/04
COUNSEL : S. Bell - Plaintiff C.A. Freeman - Defendant
SOLICITORS : Webster O'Halloran & Associates - Plaintiff Leonard Legal - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
JAMES J
THURSDAY, 28 JUNE 2007
11684/04 OAKTWIG PTY LTD trading as HOMEPLAN PROJECT DESIGN RESOURCES v GLENHAVEN PROPERTY HOLDINGS PTY LTD & ANOR
JUDGMENT 1 HIS HONOUR: In these proceedings the plaintiff Oaktwig Pty Ltd sued the defendants Glenhaven Property Holdings Pty Ltd and Richard Walsh, claiming monies alleged to be due and unpaid under two agreements for performing architectural and design services for a proposed development on a property at 607 Old Northern Road Glenhaven (which I will sometimes refer to in this judgment simply as "the property"), which is within the Hornsby Shire. Later in this judgment I will consider the question of who were the parties to the two alleged agreements. An alternative claim by the plaintiff on a quantum meruit basis was ultimately not pressed. The defendants defended the plaintiff's claim and brought a cross-claim claiming damages for alleged breaches of contract, in tort and pursuant to the Fair Trading Act.
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