Warrington Management Pty Ltd v Kingslane Property Investments Pty Ltd

[2020] WASCA 8

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Restitution
2. › Quantum meruit
3. › Services provided in expectation of anticipated contract
4. › Whether services provided by company or individual personally
5. › Whether company nominated to receive remuneration
6. › Whether primary judge addressed correct legal question
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Credibility findings
5. › Whether findings open on the evidence
6. › Restrictions on appellate interference with credibility assessments
1. Evidence
2. › Oral evidence
3. › Reliability of recollection
4. › Assessment of oral testimony in context of contemporaneous documents
5. › Passage of time affecting reliability

Quick Take

A party claiming restitution for services provided in expectation of an anticipated contract that did not materialise must still prove the elements of its pleaded case, including that it (rather than an associated individual) was party to the anticipated arrangement and provided the services. The fact that a company can only act through individuals highlights the forensic burden on the company to show the individual acted as its agent rather than in a personal capacity. Failure of the defendant's defences does not establish the plaintiff's claim.