Reardon v Stokes Contractors Pty Limited [2015] NSWSC 960

Supreme Court New South Wales

Medium Neutral Citation: Reardon v Stokes Contractors Pty Limited [2015] NSWSC 960 Hearing dates: 11 May 2015 Date of orders: 17 July 2015 Decision date: 17 July 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1) Ground 1 is dismissed. 2) Leave to appeal Ground 2 is granted and that ground is upheld. 3) The order of the Magistrate directing the plaintiff to pay project management fees to the defendant is set aside. 4) The orders of the Magistrate are otherwise affirmed. 5) Each party is to bear its own costs of the proceedings in this Court. Catchwords: APPEAL – appeal from Local Court to Supreme Court – identification of contracting parties – pleadings – procedural fairness – whether identity of contracting parties in evidence – real issues between parties - project management contract - leave to appeal mixed question of law and fact – quantum meruit Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Supreme Court Act 1970 Cases Cited: Banque Commerciale SA (In Liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279 Dare v Pulham (1982) 148 CLR 658 Gould v Mount Oxide Mines Ltd (in liquidation) [1916] HCA 81; (1916) 22 CLR 490 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets [2007] NSWCA 206; 73 NSWLR 653 Maytom v Kennett [2014[ NSWSC 116 Swain v Waverley Municipal Council (2004) 220 CLR 517 Category: Principal judgment Parties: Terence Adrian Reardon (Plaintiff) Stokes Contractors Pty Limited (Defendant) Representation: Counsel: Mr M Hassell (Plaintiff) Ms J McDonald (Defendant)