CLAIM FOR FEES

Press, Volume CIX, Issue 31986, 13 May 1969, Page 14

CLAIM FOR FEES

Judgment For Respondent

An appeal by William Harold Douglas Bellamy, an architect (Mr R. J. de Goldi), against a Magistrate’s Court decision disallowing his claim for architectural fees in respect of services to Five Star Motors, Ltd, was dismissed in a reserved decision given by Mr Justice Wilson in the Supreme Court yesterday. Mr N. D. Thomson appeared for the respondent company.

The appellant sought $866.50 as the balance of professional fees which he claimed to be due to him for work done for the respondent between July, 1965, and February, 1967. In his judgment his Honour said the only question in issue at the hearing of the appeal was whether or not the appellant, having rendered accounts for fees and having received payment in full of such accounts, was entitled at a later date to charge fees on a different basis and treat the payments received by him as payments on account.

“If the appellant were entitled, after having been paid what he asked, to claim remuneration at a higher figure, I can see no reason why the vendor of property who has agreed with the purchaser on its price would not be entitled to claim an additional sum later if, on reflection, he felt that the agreed price was too low, but that has never been permitted except in cases of fraud or mutual mistake.

“Any other conclusion would, indeed, reduce commerce to a state of chaos,” his Honour said.