PATEMAN & ANOR -v- DAW KOH & ANOR [2007] WASCA 85
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASCA 85 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:112/2005 | 2 NOVEMBER 2006 | |
| Coram: | ROBERTS-SMITH JA PULLIN JA BUSS JA | 30/04/07 | |
| 34 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| A | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : PATEMAN & ANOR -v- DAW KOH & ANOR [2007] WASCA 85 CORAM : ROBERTS-SMITH JA
- PULLIN JA
BUSS JA
- First Appellant
DELMA KAYE PATEMAN in her capacity as Executor and Trustee of the Estate of EDNAH DAW
Second Appellant
AND
JANICE DAW KOH
RONDA MAY JAMIESON
Respondents
(Page 2)
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : SIMMONDS J
Citation : KOH & ANOR -v- DELMA KAY PATEMAN in Her Personal Capacity & ANOR [2005] WASC 172
File No : CIV 1898 of 2000
Catchwords:
Contracts - Construction of written contracts - Proper construction of a "deed of sale and coownership" of real property - Ambiguity in the deed - Admissibility of extrinsic evidence
Real property - Tenancy in common - s 126 of the Property Law Act 1969 (WA)
Legislation:
Law of Property Act 1925 (UK)
Property Law Act 1969 ( WA), s 4, s 126
The Partition Act 1878 (WA)
Result:
Appeal allowed
Category: A
(Page 3)
Representation:
Counsel:
First Appellant : Mr S Owen-Conway QC & Mr D Barker
Second Appellant…
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Details
- AGLC
- Pateman v Daw Koh [2007] WASCA 85
- Case
- [2007] WASCA 85
- Decision Date
CaseChat Overview and Summary
The appeal was brought by Pateman against Daw Koh, concerning the interpretation of a written deed of sale and co-ownership of real property. The dispute was about whether the deed allowed for a tenancy in common or if it strictly defined a joint tenancy. The matter was heard in the Supreme Court of Western Australia. The primary issue before the court was to determine the proper construction of the deed, particularly in relation to the ambiguity in the wording that could potentially allow for a tenancy in common. The court had to decide if extrinsic evidence could be considered to clarify the meaning of the ambiguous terms within the deed.
The court examined the language used in the deed and the principles of contract interpretation. It considered whether the ambiguity in the deed's terms was such that it warranted the introduction of extrinsic evidence to ascertain the parties' intentions. The court noted that under section 126 of the Property Law Act 1969 (WA), the nature of the tenancy (joint tenancy or tenancy in common) can be determined by the terms of the instrument creating the tenancy. The court held that the deed did not clearly specify the nature of the tenancy, leading to ambiguity. The court found that the ambiguity warranted the admission of extrinsic evidence to resolve the issue. Consequently, the appeal was allowed, and the matter was remitted for further proceedings to determine the correct interpretation of the deed.
The Supreme Court allowed the appeal and remitted the case back to the lower court for further determination in light of the court's findings. The court's decision recognised the importance of considering the broader context and intentions of the parties when interpreting ambiguous terms in a deed of sale and co-ownership. The final orders of the court were to allow the appeal and remit the case for further proceedings.
The court examined the language used in the deed and the principles of contract interpretation. It considered whether the ambiguity in the deed's terms was such that it warranted the introduction of extrinsic evidence to ascertain the parties' intentions. The court noted that under section 126 of the Property Law Act 1969 (WA), the nature of the tenancy (joint tenancy or tenancy in common) can be determined by the terms of the instrument creating the tenancy. The court held that the deed did not clearly specify the nature of the tenancy, leading to ambiguity. The court found that the ambiguity warranted the admission of extrinsic evidence to resolve the issue. Consequently, the appeal was allowed, and the matter was remitted for further proceedings to determine the correct interpretation of the deed.
The Supreme Court allowed the appeal and remitted the case back to the lower court for further determination in light of the court's findings. The court's decision recognised the importance of considering the broader context and intentions of the parties when interpreting ambiguous terms in a deed of sale and co-ownership. The final orders of the court were to allow the appeal and remit the case for further proceedings.
Orders
Orders of the court
Appeal allowed
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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