NSW Caselaw
New South Wales Court of Appeal
CITATION: Darkinjung Local Aboriginal Land Council v Darkinjung Pty Ltd (In Liq) & Anor [2010] NSWCA 351
HEARING DATE(S): 23 November 2010
JUDGMENT DATE: 15 December 2010
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 9; Macfarlan JA at 82
(1) Leave to appeal granted; (2) Appeal allowed. DECISION: (3) Vary the answer given by Austin J to Question 1.6(a) on 1 March 2010 by deleting the words "but the firm acquired" and substituting therefor the words "but the termination does not by itself prevent the firm from establishing that it acquired". [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] (4) The second respondent to pay the costs of the appellant and the first respondent with respect to the appeal and the summons for leave to appeal but to have a certificate under the Suitors' Fund Act 1951, if otherwise qualified. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
CATCHWORDS: RESTITUTION – quantum meruit – effect of termination of costs agreements on ability of solicitor to proceed to recover, tax or assess any of costs claimed – whether solicitor acquired entitlement to recover reasonable remuneration on quantum meruit basis in respect of legal services – whether claim for quantum meruit properly before primary judge – whether valid request by company for solicitor to provide it with legal services – directors of company not authorised to make request
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