Security Retirement Pty Limited v Twibill Architects Pty Limited

Security Retirement Pty Limited (the appellant) appealed a decision of the primary judge concerning the entitlement of Twibill Architects Pty Limited (the respondent) to architectural fees. The dispute arose from the termination of the respondent's services under a RAIA Client/Architect Agreement (Short Form), which included handwritten additions. The appellant argued that the respondent's claim for fees was time-barred.

The central legal issue before the Court of Appeal was the proper construction of the RAIA Client/Architect Agreement, particularly the handwritten additions, to determine when the respondent's entitlement to fees accrued upon termination of its services. This determination was crucial to assessing whether the claim was brought within the relevant limitation period.

The Court of Appeal, in construing the agreement, held that the respondent's entitlement to fees upon termination accrued at the point of termination itself, not at an earlier stage when a progress payment might have become due. This interpretation meant that the respondent's claim was not time-barred. The decision turned on the specific construction of the handwritten amendments to the standard form agreement, rather than on any general principle of law.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.