JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: MCCOURT -v- CRANSTON [2009] WASC 56
CORAM: TEMPLEMAN J
HEARD: 23 & 24 FEBRUARY 2009
DELIVERED : 17 MARCH 2009
FILE NO/S: CIV 1072 of 2009
BETWEEN: DANIEL PATRICK REDDEN MCCOURT
RUTH ELLEN MCCOURT
PlaintiffsAND
SHARNE MARY CRANSTON
DefendantACTON REAL ESTATE PTY LTD
First Third PartyAMANDA GRAY
Second Third Party
Catchwords:
Contract - Sale of land - Construction of terms - 120 days allowed for time between contract and settlement - Vendor drafts clause to extend time by mutual agreement - Clause also provides that settlement of sale of purchaser's land is concurrent with settlement of sale of vendor's land - Whether contract unconditional - Harmony between all parts of contract - Whether ambiguity - Application of contra profertum rule
Contract - Termination - Purchaser selling her land to buy vendor's land - No offers for purchaser's land - Whether reasonable endeavour by purchaser to sell her land - Alleged representation that vendor would extend time for settlement to enable purchaser to sell her land - Whether misrepresentation - Whether inducement to contract - Whether entitlement to termination
Agency - Vendor's real estate agent acting for his purchaser in sale of her land - Irreconcilable conflict between duties
Legislation:
Nil
Result:
Plaintiff's claim against defendant dismissed
Defendant's counterclaim for deposit successful
Defendant entitled to indemnity from the third parties
Category: B
Representation:
Counsel:
Plaintiffs: Mr H R Robinson
Defendant: Mr M M Mony de Kerloy
First Third Party : Mr J L Sher
Second Third Party : Mr J L Sher
Solicitors:
Plaintiffs: Haydn Robinson
Defendant: Mony de Kerloy
First Third Party : DLA Phillips Fox
Second Third Party : DLA Phillips Fox
Case(s) referred to in judgment(s):
Aintree Holdings Pty Ltd v Ground & Foundation Supports Pty Ltd [2008] WASCA 225
Andar Transport Pty Ltd v Brambles Ltd [2004] 217 CLR 424
Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99
Beach Petroleum NL v Abbott Tout Russell Kennedy (1999) 33 ACSR 1
Bristol and West Building Society v Mothew [1998] Ch 1
Castle Constructions Pty Ltd v Fekala Pty Ltd (2006) 65 NSWLR 648
Hadley v Baxendale (1854) 9 Exch 341
Insurance Commission of Western Australia v Container Handlers Pty Ltd [2004] 218 CLR 89
Maguire v Makaronis (1997) 188 CLR 449
NEA Pty Ltd v Magenta Mining Pty Ltd [2005] WASC 106
Palasty v Parlby [2007] NSWCA 345
Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537
Seven Seas Properties Ltd v Al‑Essa (No 2) [1993] 3 All ER 577
TEMPLEMAN J:
Introduction
In this action, the plaintiffs, Daniel Patrick Redden McCourt and his wife, Ruth Ellen McCourt, as vendors of a property at 1 Agett Road, Claremont (Agett Road), seek an order for the specific performance of a written contract for the sale of that property against the defendant, Sharne Mary Cranston, as purchaser.
Mr and…
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- AGLC
- McCourt v Cranston [2009] WASC 56
- Case
- [2009] WASC 56
- Decision Date
CaseChat Overview and Summary
The court examined the contract's terms in their entirety, applying the principle that all parts of a contract should be harmonious. It found that the contract was not ambiguous and did not require the application of the contra proferentem rule. The court also determined that the purchaser had not made reasonable endeavours to sell her own land, and that there was no misrepresentation or inducement to contract. Consequently, the court dismissed the plaintiff's claim against the defendant and ruled in favour of the defendant's counterclaim for the deposit. Furthermore, the defendant was granted an entitlement to an indemnity from the third parties involved in the sale.
In summary, the court's final orders were that the plaintiff's claim against the defendant was dismissed, the defendant's counterclaim for the deposit was successful, and the defendant was entitled to an indemnity from the third parties. This decision underscores the importance of clear contractual terms and the necessity for purchasers to make reasonable efforts to sell their own properties in the context of a chain of sales.
Orders
Orders of the court
Plaintiff's claim against defendant dismissed
Defendant's counterclaim for deposit successful
Defendant entitled to indemnity from the third parties
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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