Ivanhoe Gold Corporation Ltd v Symonds

The Supreme Court of Victoria heard an appeal concerning a dispute between Ivanhoe Gold Corporation Ltd and Symonds. The core of the disagreement revolved around the appropriate remedy for an injury, and the subsequent amendment of a judgment.

The court was required to determine whether the plaintiff, Symonds, had made an election of remedy for the injury suffered, and if so, whether that election was binding. Furthermore, the court considered the circumstances under which a judgment could be amended, particularly in light of an election of remedy.

The court reasoned that an election of remedy occurs when a party, with full knowledge of their rights and the material facts, unequivocally chooses one course of action over another. This choice, once made, generally precludes them from pursuing an alternative remedy. The court applied principles of election of remedies and the court's inherent power to amend judgments to prevent injustice, considering whether the initial judgment was a nullity or merely irregular.

Ultimately, the court found that the plaintiff had made a binding election of remedy. Consequently, the court ordered that the judgment be amended to reflect this election, thereby preventing the plaintiff from pursuing inconsistent remedies.