Milner v Conetip P/L

The case of Milner v Conetip P/L involved a dispute between the parties over the interpretation of certain clauses in a deed and the subsequent duties and liabilities of the receivers appointed under the deed. The parties were in dispute over whether certain terms should be read into the deed and whether the conduct of the parties amounted to evidence of the terms of the appointment of a receiver being varied. The case was heard in the Supreme Court of Queensland.

The legal issues that the court was required to decide related to the interpretation of the deed and the duties and liabilities of the receivers. The court had to determine whether the term "their" should be read into a clause in the deed, which would substantially frustrate the intention of the parties. The court also had to consider whether the conduct of the parties amounted to evidence that the terms of the appointment of a receiver had been varied. Additionally, the court had to consider the duties and liabilities of the receivers and whether the receiver acted responsibly and was entitled to remuneration after delegating the whole of his function to another.

The court held that the term "their" should not be read into the clause in the deed as it would substantially frustrate the intention of the parties. The court also held that the conduct of the parties amounted to evidence that the terms of the appointment of a receiver had been varied. The court further held that the receiver acted responsibly and was entitled to remuneration after delegating the whole of his function to another.

The court ordered that judgment be entered in favour of the first plaintiff in the sum of $344,200.60 with simple interest at 10% per annum from 14 October 1999 to date. Judgment was also entered in favour of the second plaintiff in the sum of $80,667.39 with simple interest at 10% per annum from 25 March 1998 to date. The court further ordered that the moneys represented by the cheque, exhibit 7, be paid into court and be paid out to the second defendant upon the filing of an affidavit verifying that the retirement village scheme is registered under s 27 Retirement Villages Act 1999 (Qld).