L.N.E Cunneen and Co Pty Ltd v Allan Vincent Blackburn

L.N.E Cunneen and Co Pty Ltd sought to recover fees for accounting and business advisory services provided to Allan Vincent Blackburn, but the defendant disputed the amount claimed and the terms of the contract. The Federal Circuit Court had to determine the existence and terms of the contract, and the amount due. The primary issue was whether a contract for the provision of accounting and business advisory services was formed, and if so, what the terms of that contract were. Specifically, the court had to determine whether a contract was formed based on partly written and partly oral terms, and if the terms were sufficiently certain. The court also had to determine the amount due if a contract was found to exist.

The court found that a contract was formed between the parties, but it was partly written and partly oral. The court looked at the whole of the material to construe the terms of the contract, including the parties' post-contractual conduct. The court found that the terms of the contract were sufficiently certain to be enforced, despite some uncertainty in the written terms. The court also found that the defendant was liable for the amount claimed by the plaintiff, which included fees for services provided and costs incurred. The court ordered the defendant to pay the plaintiff the amount claimed, plus interest and costs.