Neale v Ancher Mortlock & Woolley Pty Ltd [2014] NSWCA 72

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neale v Ancher Mortlock & Woolley Pty Ltd [2014] NSWCA 72 Hearing dates: 27 February 2014 Decision date: 24 March 2014 Before: Barrett JA at [1]; Gleeson JA at [88]; Leeming JA (at [98] Decision: Appeal dismissed with costs [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 - construction - contract for the provision of professional services in relation to planning application - provision that part of remuneration be payable "within 8 weeks after EA approval" - meaning of "EA approval" in the context of the applicable planning laws - CONTRACTS - termination pursuant to provision allowing termination by notice - where an amount of remuneration had been earned at the time of termination but was not then payable - whether termination caused the amount to be payable - PROFESSIONS AND TRADES - architects - alleged breach of contractual or tortious duty as to quality of services - no breach shown Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; 149 CLR 337 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 McDonald v. Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457 Westralian Farmers Ltd v Commonwealth Agricultural Service Engineers Ltd [1936] HCA 6: (1936) 54 CLR 361 Category: Principal judgment Parties: James Woodward Neale (Appellant) Ancher Mortlock & Woolley Pty Ltd (Respondent) Representation: Counsel: Self-represented (Appellant) N J Kidd SC/R P V Carey (Respondent) Solicitors: Self-represented (Appellant) Lander and Rogers (Respondent) File Number(s): 2013/16530 Decision under appeal Before: Curtis DCJ File Number(s): 2011/157885