L. N. E. Cunneen & Co Pty Ltd v Blackburn [2018] NSWCA 211

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: L. N. E. Cunneen & Co Pty Ltd v Blackburn [2018] NSWCA 211 Hearing dates: 27 February 2018 Date of orders: 27 September 2018 Decision date: 27 September 2018 Before: Beazley P at [1]; Meagher JA at [2]; White JA at [66] Decision: 1. Appeal dismissed with costs. 2. Cross-appeal dismissed with costs. Catchwords: CONTRACT – formation – where informal agreement that the appellant be remunerated for accounting services by 10% share in the profits of the respondents' businesses – whether agreement varied to include additional remuneration by 10% share in the capital growth of the assets of those businesses – whether primary judge erred in making certain findings of fact – whether despite absence of particular offer and acceptance parties varied informal agreement by conduct to provide for a capital growth share term

COSTS – where cross-claim under Contracts Review Act 1980 (NSW) dismissed because contract to which relief directed not made out – whether primary judge erred in ordering respondents to pay costs of cross-claim where its merits not finally determined Legislation Cited: Contracts Review Act 1980 (NSW), s 7 Cases Cited: Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 97,326 Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165; [2004] HCA 52 Texts Cited: N/A Category: Principal judgment Parties: L.N.E. Cunneen & Co Pty Ltd (Appellant) Allan Vincent Blackburn (First Respondent) Carmel Anne Blackburn (Second Respondent) Representation: Counsel: