Oliver & Ors v Lakeside Property Pty Ltd & Ors

The appeal concerned a dispute between the plaintiffs, Oliver & Ors, and the defendants, Lakeside Property Pty Ltd & Ors, regarding remuneration for town planning services provided for a development project. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue was whether the plaintiffs were entitled to recover remuneration for their town planning services on a quantum meruit basis, or whether a subsequent agreement for the provision of a parcel of land (or money in lieu) in the development project, subject to the completion of those services, extinguished any such entitlement.

The Court of Appeal found that the later agreement, which stipulated that the plaintiffs would receive a parcel of land with a house or a sum of money in lieu thereof, was in substitution for any claim for reasonable remuneration. Crucially, this substituted agreement was conditional upon the plaintiffs providing town planning services until the end of the project. As the plaintiffs did not complete their services until the end of the project, the condition was not met, and therefore, they could not recover on a quantum meruit. The court applied the principle that where parties enter into a substituted agreement, it supersedes any prior entitlements, provided the terms of the substituted agreement are met or the parties have otherwise acted upon it.

The appeal was dismissed, and the plaintiffs were ordered to pay the costs of the defendants.