Lumina Bpo Pty Limited v ELB Pty Ltd (No 2)

The plaintiff, Lumina BPO Pty Limited, brought an action against the defendant, ELB Pty Ltd, seeking payment for accounting services rendered under a contract. The dispute centred on whether the contract was a "fixed price" or a "do and charge" contract, whether a maximum fee was specified, and whether the work needed to be completed within three months. The case was heard and determined by the Supreme Court of New South Wales.

The court was required to determine the nature of the contract between the parties, specifically whether it was a fixed-price contract or a do-and-charge contract, and whether a maximum fee was specified. Additionally, the court needed to consider whether the contract required the work to be completed within three months and whether the work performed by the plaintiff was outside the scope of the retainer. The court was also required to determine whether the defendant was liable for the costs incurred by the plaintiff.

The court found that the contract was a do-and-charge contract, and that a maximum fee was not specified. The court held that the contract required the work to be completed within three months, and that the work performed by the plaintiff was outside the scope of the retainer. The court found that the defendant was liable for the costs incurred by the plaintiff and ordered judgment for the plaintiff against the defendant in the sum of $189,335.51 including interest. Costs were reserved.