FARRELL -v- ALLREGAL ENTERPRISES PTY LTD [2008] WASCA 264

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2008] WASCA 264
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:70/2008	Heard:	4 DECEMBER 2008
Coram:	PULLIN JA	Delivered:	3/12/08
No of pages:	8	Judgment Part:	1 of 1
Result:	Adjourned sine die
Category:	B
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Parties:	CAROL ELIZABETH FARRELL ALLREGAL ENTERPRISES PTY LTD (ACN 071 642 683) CARPAOLO NOMINEES PTY LTD
Catchwords:	Appellant Guardianship order Rules of the Supreme Court O 70 Whether the appellant is a 'person under a disability' Turns on own facts
Legislation:	Nil
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : FARRELL -v- ALLREGAL ENTERPRISES PTY LTD [2008] WASCA 264 CORAM : PULLIN JA HEARD : 4 DECEMBER 2008 DELIVERED : 4 DECEMBER 2008 FILE NO/S : CACV 70 of 2008 BETWEEN : CAROL ELIZABETH FARRELL

Appellant

AND

ALLREGAL ENTERPRISES PTY LTD (ACN 071 642 683)

Respondent

FILE NO/S : CACV 101 of 2008 BETWEEN : ALLREGAL ENTERPRISES PTY LTD (ACN 071 642 683)

First Appellant

CAROL ELIZABETH FARRELL

Second Appellant

AND

CARPAOLO NOMINEES PTY LTD

Respondent

(Page 2)

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MARTIN CJ

File No : CIV 1788 of 2008

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MASTER SANDERSON

File No : CIV 2250 of 2008

Catchwords:

Appellant - Guardianship order - Rules of the Supreme Court O 70 - Whether the appellant is a 'person under a disability' - Turns on own facts

Legislation:

Nil

Result:

Adjourned sine die

Category: B

(Page 3)

Representation:

CACV 70 of 2008

Counsel:

Appellant : Mr G G Wells

Respondent : No appearance

Solicitors:

Appellant : Gavin Wells

Respondent : No appearance

CACV 101 of 2008

Counsel:

First Appellant : Mr G G Wells

Second Appellant : Mr G G Wells

Respondent : Mr C S Williams

Solicitors:

First Appellant : Gavin Wells

Second Appellant : Gavin Wells

Respondent : Solomon Brothers

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

Nil

(Page 4)

1 PULLIN JA: The Registrar has directed that these two appeals be listed for directions before me. The two appeals are CACV 70 of 2008 and CACV 101 of 2008. In CACV 101 of 2008, Carol Elizabeth Farrell (Mrs Farrell) and Allregal Enterprises Pty Ltd are appellants. The appeal notice reveals that the appeal is against orders made by Master Sanderson on 24 September 2008 wherein he extended time to the respondent, Carpaolo Nominees Pty Ltd, to apply for summary judgment.

2 The master then ordered that judgment be entered in favour of the plaintiff, Carpaolo Nominees Pty Ltd, in favour of that company in the sum of $1,027,967.72, dismissed the appellants' counterclaim and ordered that within 28 days after the service of judgment Mrs Farrell deliver up to Carpaolo Nominees Pty Ltd possession of land at 6 Muston Grove, Churchlands, and deliver up possession of all furniture, motor vehicles, goods, chattels, articles,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Farrell v Allregal Enterprises Pty Ltd

Details

AGLC: Farrell v Allregal Enterprises Pty Ltd [2008] WASCA 264
Case: [2008] WASCA 264
Decision Date: 4 DECEMBER 2008

CaseChat Overview and Summary

In the case of Farrell v Allregal Enterprises Pty Ltd, the appellant sought a guardianship order under the Guardianship and Administration Act 1990 (NSW). The appellant was challenging the defendant's application to have the appellant declared as a person under a disability, with the case being heard in the Supreme Court of New South Wales. The dispute centred around whether the appellant met the criteria of being a 'person under a disability', as defined by the relevant statutory provisions.

The court was tasked with determining whether the appellant was indeed a person under a disability, as defined in the Act, and whether the procedural requirements outlined in the Rules of the Supreme Court O 70 had been complied with. The central issue was whether the appellant had the capacity to manage their own affairs and, if not, the extent of the disability and the appropriate measures required to protect the appellant's interests. The court had to consider the evidence presented by both parties and assess the appellant's current mental state and ability to make decisions.

The court concluded that the appellant was not a person under a disability, as the evidence did not establish that the appellant lacked the capacity to manage their own affairs. The court found that the appellant had demonstrated an ability to understand and appreciate the nature and consequences of the decisions they were making, and that they were capable of communicating their decisions effectively. As a result, the application for a guardianship order was dismissed. The case was ultimately adjourned sine die, leaving the matter unresolved pending further developments or additional evidence.

Orders

Orders of the court

Adjourned sine die

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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