Boon v Burt

Case [2020] WASC 64


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   BOON -v- BURT [2020] WASC 64

CORAM:   CURTHOYS J

HEARD:   10 JUNE 2019

DELIVERED          :   5 MARCH 2020

FILE NO/S:   CIV 1036 of 2017

BETWEEN:   PENELOPE ANN BOON

First Plaintiff

JENNIFER MARGARET PHILLIPS

Second Plaintiff

PENELOPE ANN BOON as administrator of the estate of WINSOME MABEL BURT

JENNIFER MARGARET PHILLIPS as administrator of the estate of WINSOME MABEL BURT

Third Plaintiffs

AND

REBECCA ANTIONETTE BURT as executrix of the estate of PAULL REGINALD GEORGE BURT

First Defendant

BURT ENTERPRISES PTY LTD

Second Defendant

DOORAWARRAH PASTORAL CO PTY LTD

Third Defendant

THE BRICK HOUSE COMPANY PTY LIMITED

Fourth Defendant


Catchwords:

Deed - Construction - Uncertainty - Estoppel

Legislation:

Nil

Result:

Judgment for plaintiffs
First defendant's counterclaim dismissed

Representation:

Counsel:

First Plaintiff : M D Cuerden SC & M Curwood
Second Plaintiff : M D Cuerden SC & M Curwood
Third Plaintiffs : M D Cuerden SC & M Curwood
First Defendant : P MacMillan
Second Defendant :
Third Defendant :
Fourth Defendant :

Solicitors:

First Plaintiff : Arns & Associates
Second Plaintiff : Arns & Associates
Third Plaintiffs : Arns & Associates
First Defendant : Pacer Legal
Second Defendant :
Third Defendant :
Fourth Defendant :

Case(s) referred to in decision(s):

Alpha Wealth Financial Resources v Frankland River Olive Co [2008] WASCA 119

Australian Goldfields NL (in liq) v North Australian Diamonds NL [2009] WASCA 98

Boreland v Docker [2007] NSWCA 94

Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; (2001) 53 NSWLR 153

Bytan Pty Ltd v BB Australia Pty Ltd [2012] VSCA 233

Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 253 CLR 169

Fairbairn v Varvaressos (2010) 78 NSWLR 577 (2010); [2010] NSWCA 234

First Trade Consulting v GRD Kirfield

[2006] WASCA 175

Fitzgerald v Masters (1956) 95 CLR 420

Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603

Greer v Kettle [1938] AC 156

Hawkins v Clayton (1988) 164 CLR 539

In re Victoria Permanent Benefit Building Investment and Freehold Land Society (1870) LR 9 Eq 597

Legione v Hateley 152 CLR 406

Mainteck Services Pty Ltd v Stein Heurtey SA [2014] NSWCA 184; (2014) 89 NSWLR 633

McCourt v Cranston [2012] WASCA 60

Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 6) (2015) 329 ALR 1 [2015] FCA 825

Mineralogy Pty Ltd v Sino Iron Pty Ltd [2013] WASC 194

Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104

Re Ellenborough [1903] 1 Ch 697

Riseda Nominees Pty Ltd v St Vincent's Hospital (Melbourne) Ltd [1998] 2 VR 70

Rodda v Ian Rodda Pty Ltd (2015) SASC 95

Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65

Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2019] NSWCA 11

Sibonna Nominees Pty Ltd v Vouzas [2013] VSCA 369

Sullivan v Sullivan [2006] NSWCA 312

Upper Hunter County District Council…

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Boon v Burt [2020] WASC 64
Case
[2020] WASC 64
Decision Date

CaseChat Overview and Summary

The case of Boon v Burt involved a dispute concerning the interpretation of a deed and the principles of estoppel. The parties, Boon and Burt, had entered into a written agreement outlining their respective obligations and rights. However, a particular clause within the deed was deemed ambiguous and subject to interpretation. The court was tasked with determining the true meaning of the disputed clause and whether estoppel principles applied to resolve any uncertainty.

The primary legal issues the court had to address were the construction of the ambiguous clause in the deed and the applicability of estoppel. The court needed to ascertain whether the language of the deed was sufficiently clear to be enforced as written or whether it required interpretation to give effect to the parties' intentions. Furthermore, the court had to consider whether the principles of estoppel could be invoked to prevent one party from denying the effect of their own ambiguous language.

In its judgment, the court examined the language of the deed and the context in which it was written. It found that the clause in question was ambiguous and could be interpreted in more than one way. The court then applied established principles of contract interpretation, taking into account the surrounding circumstances and the objectives of the agreement. The court concluded that the deed should be interpreted in a manner that gave effect to the presumed intentions of the parties. Additionally, the court found that estoppel principles did not apply to resolve the ambiguity, as there was no evidence that one party had misled the other regarding the meaning of the clause.

The court ordered that the deed be interpreted in a way that gave effect to the parties' intentions, as determined by the court. The court did not find it necessary to make any further orders beyond this interpretation. The judgment provided clarity on the interpretation of ambiguous clauses in deeds and confirmed the limited role of estoppel in such circumstances.

Orders

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Background

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Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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