Horley v Sector 7G Architecture Pty Ltd (in liquidation) [2011] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Horley v Sector 7G Architecture Pty Ltd (in liquidation) [2011] NSWSC 827 Hearing dates: 7 June 2011 Decision date: 04 August 2011 Jurisdiction: Common Law Before: Schmidt J Decision: The usual order as to costs is that they follow the event. If the parties wish to be heard as to costs, they should approach. Otherwise I order: 1. Leave to carry on these proceedings pursuant to s 500(2) of the Corporations Act 2001 is granted. 2. In so far as necessary, leave to appeal is granted, the appeal is upheld and the judgment of O'Shane LCM given on 23 December 2010 is set aside. Catchwords: APPEAL - appeal under s 39 of the Local Court Act 2007 - leave sought to carry on proceedings pursuant to s 500(2) of the Corporations Act 2001 (Cth) - leave under s 40 of the Local Court Act 2007 - adequate reasons for decision not given - architectural services provided for the reconstruction of a guest house - whether claim decided in contract or quantum meruit - credit findings - terms of agreement reached - whether agreement reached as to fixed fee on implied term that reasonable sum would be paid - appeal upheld - decision below set aside Legislation Cited: Corporations Act 2001 (Cth) Local Court Act 2007 Cases Cited: Alchin v Daley [2009] NSWCA 418 Al-Atabi v Zaidi [2009] NSWCA 433 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Browne v Dunn (1893) 6 R 67 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Franklin v Ubaldi Foods Pty Ltd [2005] VSCA 317 Liebe v Molloy [1906] HCA 67; (1906) 4 CLR 347 Lumbers v W Cook Builders Pty Ltd (in liq) [2008] HCA 27; (2008) 232 CLR 635 McCarthy v NRMA Insurance Ltd [2002] NSWSC 1011 Patey-Dennis v MUT Constructions (NSW) Pty Ltd [2011] NSWSC 497 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; (2007) 71 NSWLR 230 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Workers Compensation (Dust Diseases) Board Of NSW v Smith, Munro and Seymour [2010] NSWCA 19 Category: Principal judgment Parties: Tony Horley (Plaintiff) Sector 7G Architecture Pty Limited (in liquidation) (Defendant) Representation: Counsel: Mr P Braham SC with Mr A Shearer (Plaintiff) Mr RD Marshall with Ms DM Bampton (Defendant) Solicitors: Hicksons (Plaintiff) Gillis Delaney Lawyers (Defendant) File Number(s): 2011/19891