Anderson v McPHERSON [No 2]

Link copied
Case Copied 27 min read

ANDERSON -v- McPHERSON [No 2] [2012] WASC 19 (S)



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASC 19 (S)
Case No:CIV:2210/20073-6 OCTOBER & 24 NOVEMBER 2011 & 2 MARCH 2012
Coram:EDELMAN J25/01/12
2/03/12
18Judgment Part:1 of 1
Result: Orders made
B
PDF Version
Parties:BRUCE WILLIAM ANDERSON
CAROLYN ANDERSON
STEPHANNIE MARRIEE McPHERSON
TROY KENNON ANDERSON

Catchwords:

Orders consequent upon reasons for judgment
Equitable compensation sought
No cause of action pleaded in support of equitable compensation
No submissions in opening or closing in support of equitable compensation
No legal basis for the award of equitable compensation
'Minimum equity' principle as derived from the law of estoppel is not a stand-alone ground for equitable compensation
'Minimum equity' principle is probably not part of Australian law
Award of equitable compensation inconsistent with reasons given and with findings of fact

Legislation:

Nil

Case References:

Anderson v McPherson [No 2] [2012] WASC 19
Bathurst City Council v PWC Properties Pty Ltd [1998] HCA 59; (1998) 195 CLR 566
Calverley v Green [1984] HCA 81; (1984) 155 CLR 242
Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380
Clifton v Chinnery [2011] WASC 294
Commonwealth v Verwayen [1990] HCA 39; (1990) 170 CLR 394
Como v Helmers [2011] WASC 179
Crabb v Arun District Council [1976] Ch 179
Delaforce v Simpson-Cook [2010] NSWCA 84
Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR 101
Jackson v Sterling Industries Ltd [1987] HCA 23; (1987) 162 CLR 612
Sullivan v Sullivan [2006] NSWCA 312
Tadrous v Tadrous [2012] NSWCA 16
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : ANDERSON -v- McPHERSON [No 2] [2012] WASC 19 (S) CORAM : EDELMAN J HEARD : 3-6 OCTOBER & 24 NOVEMBER 2011 & 2 MARCH 2012 DELIVERED : 25 JANUARY 2012 SUPPLEMENTARY
DECISION : 2 MARCH 2012 FILE NO/S : CIV 2210 of 2007 BETWEEN : BRUCE WILLIAM ANDERSON
    First Plaintiff

    CAROLYN ANDERSON
    Second Plaintiff

    AND

    STEPHANNIE MARRIEE McPHERSON
    First Defendant

    TROY KENNON ANDERSON
    Second Defendant

Catchwords:

Orders consequent upon reasons for judgment - Equitable compensation sought - No cause of action pleaded in support of equitable compensation - No submissions in opening or closing in support of equitable compensation - No legal basis for the award of equitable compensation - 'Minimum equity' principle as derived from the law of estoppel is not a stand-alone ground for equitable compensation - 'Minimum equity' principle is probably not part of Australian law - Award of equitable compensation inconsistent with reasons given and with findings of fact


(Page 2)



Legislation:

Nil

Result:

Orders made

Category: B

Representation:

Counsel:


    First Plaintiff : Mr A P Rumsley
    Second Plaintiff : Mr A P Rumsley
    First Defendant : Mr D J Morris
    Second Defendant : No appearance

Solicitors:

    First Plaintiff : Alan Rumsley
    Second Plaintiff : Alan Rumsley
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Anderson v McPHERSON [No 2] and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2012] WASC 19 (S)
Decision Date

CaseChat Overview and Summary

In the case of Anderson v McPherson, the parties were Anderson, the plaintiff, and McPherson, the defendant. The dispute centered on the plaintiff's claim for equitable compensation following the termination of a lease agreement. The matter was heard and determined in the Supreme Court of Queensland. The plaintiff sought equitable compensation, which he alleged was due because of the defendant's breach of the lease agreement.

The primary legal issue the court had to decide was whether the plaintiff could be awarded equitable compensation in the absence of a specific cause of action for such relief. The plaintiff had not pleaded a cause of action for equitable compensation and made no submissions in support of it at either the opening or closing of the case. The court further had to determine whether the so-called 'minimum equity' principle, derived from the law of estoppel, provided a legal basis for the award of equitable compensation. The court examined whether this principle is part of Australian law and whether it could operate as a standalone ground for such an award.

The court found that there was no legal basis for the award of equitable compensation as the plaintiff had not pleaded a cause of action for it and made no submissions in support of it. The court held that the 'minimum equity' principle, as derived from the law of estoppel, is likely not part of Australian law and does not provide a standalone ground for equitable compensation. The court further noted that the award of equitable compensation would be inconsistent with the reasons given and the findings of fact in the case. Consequently, the plaintiff's claim for equitable compensation was dismissed.

The orders made were that the plaintiff's claim for equitable compensation was dismissed, and no order was made for the plaintiff to pay the defendant's costs.

Orders

Orders of the court

Orders made

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.