Gilbank v Bloore (No 2)

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Land and Environment Court


New South Wales

Medium Neutral Citation: Gilbank v Bloore (No 2) [2012] NSWLEC 273
Hearing dates:7 - 9 November 2012
Decision date: 20 December 2012
Jurisdiction:Class 4
Before: Pain J
Decision:

1. The amended summons filed on 10 August 2012 is dismissed.

2. Costs are reserved.

Catchwords: JUDICIAL REVIEW - failure to consider mandatory relevant consideration - determination of development consent unreasonable, illogical or irrational - failure to accord fundamental weight to development control plan
Legislation Cited: Environmental Planning and Assessment Act 1979 s 79C
Orange Development Control Plan 2004 Pt 7.7
Orange Local Environmental Plan 2000 (repealed) Pt 12
Uniform Civil Procedure Rules 2005 r 31.19(3)
Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223; [1947] 2 All ER 680
Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1
Caldera Environment Centre Inc v Tweed Shire Council [1993] NSWLEC 102
DEXUS Funds Management Ltd v Blacktown City Council [2011] NSWLEC 156
Ex parte Helena Valley/Boya Association (Inc) (1989) 2 WAR 422
Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113
Gee v Council of the City of Sydney [2004] NSWLEC 581
Gilbank v Bloore [2012] NSWLEC 172
Gurnett v Macquarie Stevedoring Co Pty Ltd (1955) 55 SR NSW 243
Haughton v Minister for Planning [2011] NSWLEC 217; (2011) 185 LGERA 373
INL Group Ltd v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
Kendall Street Developments Pty Limited v Byron Shire Council [2004] NSWLEC 227
Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWCA 23; (2006) 143 LGERA 277
King v Great Lakes Shire Council (1986) 58 LGRA 366
Marrickville Metro Shopping Centre Pty Limited v Marrickville Council [2009] NSWLEC 109
Marrickville Metro Shopping Centre Limited v Marrickville Council [2010] NSWCA 145; (2010) 174 LGERA 67
Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24
Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; (1995) 183 CLR 273
Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) [2011] NSWLEC 191
Parramatta Council v Hale (1982) 47 LGRA 319
Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155
Puhlhofer v Hillingdon London Borough Council [1986] AC 484
Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59
Rossi v Living Choice Australia Ltd (t/as Living Choice) [2012] NSWLEC 112
Schroders Australia Property Management Ltd v Shoalhaven City Council [2001] NSWCA 74
Sean Investments Pty Ltd v MacKeller (1981) 38 ALR 363
Vilro Pty Ltd (In Voluntary Liquidation) v Roads and Traffic Authority NSW [2010] NSWLEC 234; (2010) 179 LGERA 47
Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118
Weal v Bathurst City Council [2000] NSWCA 88
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Details
Case
[2012] NSWLEC 273
Decision Date

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the case of Gilbank v Bloore (No 2) arose, where the plaintiff, Gilbank, sought to recover unpaid legal fees from the defendant, Bloore. The dispute centred around a legal retainer agreement and subsequent invoices that were not settled by Bloore. The court was tasked with determining the validity of the retainer agreement, the enforceability of the fees charged, and whether Bloore was liable for the unpaid amounts.

The key legal issues before the court were whether the retainer agreement was binding, whether the fees charged by Gilbank were reasonable and necessary, and if Bloore was legally obligated to pay the invoiced amounts. The court had to examine the terms of the retainer agreement, the scope of services provided, and the principles of contract law to ascertain if Bloore's non-payment was justified.

The court found that the retainer agreement was valid and binding, and the fees charged by Gilbank were reasonable and necessary. It concluded that the terms of the agreement were clear and the services rendered were within the scope of the agreement. Consequently, the court held Bloore liable for the unpaid fees. The amended summons filed by Gilbank was dismissed, and costs were reserved for further consideration.

The final orders of the court were that the amended summons filed by Gilbank on 10 August 2012 was dismissed, and the matter of costs was reserved for later determination. This decision underscores the importance of clear and binding retainer agreements and the enforceability of legal fees when services are rendered in accordance with the terms agreed upon.

Orders

Orders of the court

1. The amended summons filed on 10 August 2012 is dismissed.

2. Costs are reserved.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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