Hadden v Inline Partners Pty Ltd

[2024] NSWCA 42

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › District Court to Court of Appeal
4. › Claim below threshold amount
5. › Whether injustice reasonably arguable
6. › Whether issue of principle or public importance raised
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Contract
2. › Parties to contract
3. › Identifying parties to contract implied from conduct
4. › Where accounting services provided to several companies and also to individuals
5. › Whether individual instructing accountant a party to the contract
6. › Where individual is directly or indirectly the beneficiary of services provided
1. Appeal
2. › New point on appeal
3. › Whether leave should be granted to raise new point not argued at trial

Quick Take

The objective test for identifying contracting parties from Air Tahiti Nui applies equally to contracts implied from conduct where no written documents exist, and an individual who instructs a service provider and is the beneficiary of services may be found to be personally a party to the contract even where corporate entities also received services.