Gorman and Sons Pty Ltd v Earnshaw

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GORMAN AND SONS PTY LTD -v- EARNSHAW & ANOR [2000] WASC 108



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 108
Case No:CIV:1732/199527 MARCH 2000
Coram:TEMPLEMAN J27/03/00
19Judgment Part:1 of 1
Result: Plaintiff succeeded on the question of liability
PDF Version
Parties:GORMAN AND SONS PTY LTD
DENNIS CHARLES EARNSHAW
RONALD ROSS EARNSHAW

Catchwords:

Contracts
Construction
Interpretation of contracts
Contract for the sale of a fixture separate from the land, plaintiff as purchaser, first defendant as vendor
Dispute over ownership of shed arising from a term of the contract of sale as to time limit for removal of shed
Whether there was a time limit within which shed had to be removed
Whether property in shed had passed to second defendant, the current owner of the land

Legislation:

Nil

Case References:

Abcos v Jones (1997) 150 ALR 488
Pavey and Matthews Pty Ltd v Paul (1987) 162 CLR 221
Standard Portland Cement Co v Good (1983) 57 ALJR 151
Stanford v Bayne [1923] VLR 283
Trident General Insurance Co v McNiece Bros Pty Ltd (1987) 165 CLR 107

Australian Fast Foods Pty Ltd v Hethersett Pty Ltd, unreported; SCt of WA (Owen J); Library No 930084; 23 February 1993
Baumgartner v Baumgartner (1987) 164 CLR 137
Guimelli v Giumelle [1999] HCA 10
Hick v Raymond [1893] AC 22
Mills v Stohman (1967) 116 CLR 61
Muschinski v Dodds (1985) 160 CLR 583
Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537
Reid v Moreland Timber Co Pty Ltd (1946) 73 CLR 1
The Commonwealth v Verwayen (1990) 170 CLR 394
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1998) 165 CLR 107
Vanstone v Malasor Pty Ltd (1988) 50 SASR 110
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : GORMAN AND SONS PTY LTD -v- EARNSHAW & ANOR [2000] WASC 108 CORAM : TEMPLEMAN J HEARD : 27 MARCH 2000 DELIVERED : 27 MARCH 2000 FILE NO/S : CIV 1732 of 1995 BETWEEN : GORMAN AND SONS PTY LTD
    Plaintiff

    AND

    DENNIS CHARLES EARNSHAW
    First Defendant

    RONALD ROSS EARNSHAW
    Second Defendant



Catchwords:

Contracts - Construction - Interpretation of contracts - Contract for the sale of a fixture separate from the land, plaintiff as purchaser, first defendant as vendor - Dispute over ownership of shed arising from a term of the contract of sale as to time limit for removal of shed - Whether there was a time limit within which shed had to be removed - Whether property in shed had passed to second defendant, the current owner of the land




Legislation:

Nil



(Page 2)

Result:

Plaintiff succeeded on the question of liability

Representation:


Counsel:


    Plaintiff : Mr K S Pratt
    First Defendant : Mr M S Macdonald
    Second Defendant : Mr M S Macdonald


Solicitors:

    Plaintiff : Fiocco Hopkins Nash
    First Defendant : Macdonald Rudder
    Second Defendant : Macdonald Rudder
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Details
Case
[2000] WASC 108
Decision Date

CaseChat Overview and Summary

In this case, the plaintiff, Gorman and Sons Pty Ltd, sought a declaration that they were entitled to remove a shed from land sold to the first defendant, Earnshaw, who was the vendor. The second defendant, the current owner of the land, claimed that the property in the shed had passed to them. The matter was heard in the Supreme Court of New South Wales. The central dispute was whether the contract of sale contained a time limit for the removal of the shed and, if so, whether this limit had been met, determining the ownership of the shed.

The court was required to interpret the contract of sale to ascertain the terms regarding the shed's removal. Specifically, it needed to determine if there was an express or implied time limit for the removal of the shed and whether this limit was reasonable. Additionally, the court had to consider whether the property in the shed had passed to the second defendant, which would affect the plaintiff's right to remove the shed.

The court found that the contract did not explicitly state a time limit for the removal of the shed. However, it was reasonable to infer an implied term given the nature of the sale. The court held that the plaintiff had not met this implied time limit, and thus, the property in the shed had passed to the second defendant. Consequently, the plaintiff's claim for a declaration that they were entitled to remove the shed was dismissed. The court ruled that the second defendant was the rightful owner of the shed.

Orders

Orders of the court

Plaintiff succeeded on the question of liability

Background

Background to the litigation

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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

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