Karl Romandi & Helen de Luis Pty Ltd v Guest [2011] NSWSC 1124

Supreme Court New South Wales

Medium Neutral Citation: Karl Romandi & Helen de Luis Pty Ltd v Guest [2011] NSWSC 1124 Hearing dates: 29/07/2011 Decision date: 21 September 2011 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The appeal is allowed. 2. The judgment and orders of Grahame LCM of 20 December 2010 are set aside. 3. The proceedings are remitted to the Local Court to be determined according to law. 4. The orders as to costs made on 20 December 2010 are set aside. 5. The defendants are to pay the plaintiff's costs of the appeal. 6. The costs of the Local Court hearing are to be redetermined following further determination of the statement of claim and cross claim on remittal. Catchwords: APPEAL FROM LOCAL COURT - appeal against order dismissing claim for unpaid fees for architectural services - appeal against order upholding (in part) cross claim for the return of monies paid - whether Magistrate erred in law or failed to give reasons or adequate reasons - termination of contract for services - quantum meruit - notice of contention - reasonable market value for work done - restitution - denial of procedural fairness Legislation Cited: Local Court Act 2007 Supreme Court Act 1970 Trade Practices Act 1975 (Cth) Cases Cited: Baltic Shipping Company v Dillon [1993] HCA 4; 176 CLR 344 Peisley v Meddrell Management Pty Limited and Ors [2010] NSWSC 1477 RL & D Investments Pty Ltd v Bisby [2002] NSWSC 1082 Sun v Hatoum [2011] NSWSC 516 Category: Principal judgment Parties: Karl Romandi & Helen de Luis Pty Ltd (Plaintiff) Phillip Guest (1st Defendant) Melissa Guest (2nd Defendant) Representation: DA Moujalli (Plaintiff) MR Tyson (Defendants) McCulloch & Buggy Lawyers (Plaintiff) W Lawyers (Defendants) File Number(s): 2011/12350