NSW Caselaw
New South Wales Court of Appeal
CITATION: OAKTWIG PTY LIMITED v WILLIAMS [2008] NSWCA 106
HEARING DATE(S): 19 May 2008
JUDGMENT DATE: 19 May 2008
JUDGMENT OF: Beazley JA at 17; McColl JA at 18; Handley AJA at 1
DECISION: Leave to appeal refused. Summons dismissed with costs.
CATCHWORDS: APPEAL - Appellant not entitled on appeal to revive claim disclaimed at trial which might had been answered by evidence. - CONTRACT - success fee payable on defined event - no implied term for fee to be payable on another event.
LEGISLATION CITED: Environmental Planning and Assessment Act, s 82A
CASES CITED: Suttor v Gundowda 81 CLR 418
PARTIES: Oaktwig Pty Limited (T/as Homeplan Project Design Resources) - Appellant Allan Williams - Respondent
FILE NUMBER(S): CA 40472 of 2007
COUNSEL: Mr R Clark for the Claimant Mr J Atkin for the Opponent
SOLICITORS: Websters - Claimant Bruce MacDonald Lawyers - Opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 1176/2007
LOWER COURT JUDICIAL OFFICER: KEARNS DCJ
LOWER COURT DATE OF DECISION: 25 June 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40472/2007 BEAZLEY JA MCCOLL JA HANDLEY AJA
MONDAY 19 MAY 2008 OAKTWIG PTY LIMITED (ACN 050 958 736) TRADING AS HOMEPLAN PROJECT DESIGN RESOURCES v ALLAN WILLIAMS CATCHWORDS
APPEAL - Appellant not entitled on appeal to revive claim disclaimed at trial which might had been answered by evidence. CONTRACT - success fee payable on defined event - no implied term for fee to be payable on another event. HEAD NOTE
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