Slipper v Berry Buddle Wilkins Lawyers [2015] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Slipper v Berry Buddle Wilkins Lawyers [2015] NSWSC 810 Hearing dates: 20 May 2015 Date of orders: 24 June 2015 Decision date: 24 June 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Leave to appeal is granted.

(2) The appeal is dismissed.

(3) The decision of his Honour Magistrate Pierce made on 4 November 2014 is affirmed.

(4) The summons filed 2 December 2014 is dismissed.

(5) The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT – Local Court Act 2007 (NSW) – whether the construction of a contract is question of law – whether variation of agreement entered into by solicitor and client for deferral of payment – whether Magistrate erred in finding that any variation of the agreement was void for want of consideration – general rule that to perform an existing duty is not fresh consideration Legislation Cited: Local Court Act 2007 (NSW) Cases Cited: Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99; (1973) 47 ALJR 526 Australian Woollen Mills v Commonwealth (1944) 69 CLR 476; [1945] ALR 16 Disability Services Australia Limited v Gollop & SafeAs Australian Pty Ltd [2015] NSWSC 147 SAS Realty Developments Pty Ltd v Kerr [2013] NSWCA 56 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 Vanbergen v St Edmunds Properties Limited [1933] 2 KB 223 Wigan v Edwards (1973) 1 ALR 497; (1973) 47 ALJR 586 Williams v Roffey Bros & Nicholls (Contractors) Ltd [1990] 1 All ER 512; [1990] 2 WLR 1153 Texts Cited: J W Carter, Contract Law in Australia, (6th ed 2013, LexisNexis) Category: Principal judgment Parties: Peter Slipper (Plaintiff) Berry Buddle Wilkins Lawyers Pty Limited (Defendant) Representation: Counsel: T Hall (Plaintiff) V Bedrossian (Defendant)