Warne v ACN 603 541 411 Pty Ltd trading as Chandlers International Lawyers

The appeal concerned a claim for unpaid legal fees brought by ACN 603 541 411 Pty Ltd, trading as Chandlers International Lawyers, against Mr. Warne. The primary judge had found that certain alleged oral contracts and variations to the terms of retainer were inconsistent with the written record and preferred contemporaneous documents over Mr. Warne's recollection of events. Mr. Warne appealed this decision to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had erred in making factual findings regarding the timeline of meetings between the parties and whether the primary judge had erred in failing to find that the oral agreements contended by Mr. Warne had in fact occurred.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The Court reasoned that the primary judge had been entitled to prefer the contemporaneous documentary evidence over Mr. Warne's oral evidence, particularly where the oral evidence was inconsistent with the written record. The Court found no error in the primary judge's factual findings concerning the timeline of meetings or in the conclusion that the alleged oral agreements had not been established.

The appeal was dismissed with costs. The parties were directed to file submissions regarding the assessment of costs within specified timeframes, with the issue to be determined on the papers.