Hillam v Lewis [2013] NSWCA 360

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hillam v Lewis [2013] NSWCA 360 Hearing dates: 6 August 2013 Decision date: 29 October 2013 Before: Beazley P (at [1]); Barrett JA (at [2]); Gleeson JA (at [75]) Decision: 1. Appeal allowed in part. 2. Set aside Order 1 made in the Equity Division on 9 August 2012 and order in lieu thereof: "That there "That there be judgment in favour of the plaintiff and against the first, second and third defendants in the sum of $170,000." 3. Appeal otherwise dismissed. 4. That the appellant pay 90 per cent of the respondents' costs of the proceedings in this Court. [Note: 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: CONTRACTS - general contractual principles - construction and interpretation of contracts - acknowledged contract for provision of services by the appellant to the respondents - dispute as to terms of contract - various challenges to primary judge's findings of fact relevant to that matter - no question of general principle Cases Cited: Australian Competition and Consumer Commission v Signature Security Group Pty Ltd [2003] FCA 3; (2003) ATPR 41-908 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Techno Build Developments Pty Ltd v Sayers Australia Pty Ltd [2007] ACTSC 60 Category: Principal judgment Parties: John Frederick Hillam (Appellant) Ivan Peter Lewis (First Respondent) Mintech Resources Pty Ltd )Second Respondent) Goldus Pty Ltd (Third Respondent) Mawson Gold NL (Fourth Respondent) Representation: Counsel: Dr J F Bleechmore (Appellant) N A Cotman SC/K G Odgers (Respondents) Solicitors: MDM Lawyers (Appellant) Kelly & Co Lawyers (Respondents) File Number(s): 2012/212373 Decision under appeal Citation: John Frederick Hillam v Ivan Peter Lewis [2012] NSWSC 640 Date of Decision: 2012-06-12 00:00:00 Before: Sackar J File Number(s): 2010/48042