IGA Distribution Pty Ltd v King and Taylor Pty Ltd
[2002] VSC 401
•9 September 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 2068 of 2001
| IGA DISTRIBUTION PTY LTD | Plaintiff |
| v | |
| KING & TAYLOR PTY LTD | First Defendant |
| DELAHEY PROPERTIES PTY LTD | Second Defendant |
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RULING NO. 3
JUDGE: | Nettle J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 9 September 2002 | |
DATE OF RULING: | 9 September 2002 | |
CASE MAY BE CITED AS: | IGA Distribution Pty Ltd v King & Taylor Pty Ltd and anor | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 401 | |
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr R.M. Garratt QC | Cornwall Stodart |
| For the First Defendant | Mr J.D. Hammond QC | Richard Szental |
| For the Second Defendant | Mr P.J. Hayes with Ms L. Hannon | Efron & Associates |
HIS HONOUR:
A question has been asked of the witness concerning a document which is at Court Book pp. 464, 464A and 465, to the effect of whether, if he had known that Ms Zusman had received that letter on or about the date that it bears and read its contents, he would have instructed Ms Zusman to complete an estimate of rental, along the lines of that which is contained at p. 465, and sent it to Mr Szental.
Objection is taken to the question on the grounds that it is irrelevant.
Mr Hammond seeks to justify the question on the basis that thus far Mr Carlisle has demonstrated that his motivation in insisting upon an indemnity in respect of any stamp duty penalties was his belief that blame for the delay lay upon Mr Szental or at least upon the clients whom he represented.
In my opinion, whatever might have been the motive of Mr Carlisle in insisting upon an indemnity, if indeed he did so, it is irrelevant to the question of whether the actions of IGA (insofar as it might be said that they asked for an indemnity) evinced an intention not to be bound by the contract.
In my opinion, the significance of their actions is to be judged objectively without regard to subjective motivation.
For those reasons, I will uphold the objection.
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