HMT & FHL

In the matter of HMT & FHL, the applicant sought orders for the rectification of a deed of trust and a deed of variation. The respondent, the trustee of the trust, opposed the application. The case was heard by Watts J in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the deeds contained a mistake, and if so, whether that mistake was of such a nature that it should be rectified. Specifically, the court had to determine if the documents, as executed, failed to give effect to the true intentions of the parties due to a mistake, and if the evidence sufficiently demonstrated what those true intentions were.

Watts J applied the principles of rectification as established in equity. His Honour considered the evidence presented by the applicant, which included affidavits and correspondence, to ascertain the parties' common intention at the time the deeds were executed. The court found that the evidence did not establish with sufficient clarity that the deeds failed to reflect the parties' true and common intention. Consequently, the applicant failed to discharge the onus of proof required for rectification.

The application for rectification was therefore dismissed.