NSW Caselaw
Appeal Outcome: Special leave dismissed with costs by the High Court, 12 February 2010 s222/2009
New South Wales Court of Appeal
CITATION: Challenger Group Holdings Ltd v Concept Equity Pty Ltd [2009] NSWCA 190
HEARING DATE(S): 6 July 2009
JUDGMENT DATE: 7 August 2009
JUDGMENT OF: Allsop P at 1; Hodgson JA at 2; Macfarlan JA at 12
(1) Appeal allowed. (2) Set aside the orders made by Young CJ in Equity on 1 October 2008. DECISION: (3) Declare that the respondent is not entitled to the fee which it claimed in its invoice to the appellant dated 18 August 2004. (4) Judgment for the appellant on the respondent's cross-claim. (5) Order the respondent to pay the appellant's costs of the proceedings at first instance and on appeal. (6) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified.
CATCHWORDS: CONTRACTS - agreement for introduction of merger/acquisition opportunities in the financial servies sector - entitlement to fee dependent on introduced opportunity being taken up - CONTRACTS - implied terms - whether real estate agency cases as to "effective cause" implied term relevant to financial services sector agreement - TRADE AND COMMERCE - licensing of business agents - Property, Stock and Business Agents Acts 1941 and 2002 - transitional provisions - whether agent suing for a service performed as a business agent
Interpretation Act 1987 LEGISLATION CITED: Limitation Act 1969 Property, Stock and Business Agents Act 1941 Property, Stock and Business Agents Act 2002
CATEGORY: Principal judgment
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Brian Cooper & Co v Fairview Estates (Investments) Ltd (1987) 282 EG 18 CGU Insurance Ltd v Porthouse [2008] HCA 30; (2008) 235 CLR 103 Chang v Laidley Shire Council [2007] HCA 37; (2007) 234 CLR 1 David Leahy (Aust) Pty Ltd v Macpherson's Ltd [1991] 2 VR 367 CASES CITED: Fitzgerald v Masters [1956] HCA 53; (1956) 95 CLR 420 John Pfeiffer Pty Ltd v Rogerson [2000] HCA 36; (2000) 203 CLR 503 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; (2000) 203 CLR 579 Moneywood Pty Ltd v Salamon Nominees Pty Ltd [2001] HCA 2; (2001) 202 CLR 351 The County Homesearch Co (Thames & Chilterns) Ltd v Cowham [2008] 1 WLR 909 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165
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