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Pelham v Peterkin

Pelham v Peterkin

Case [2012] SADC 60

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AGLC: Pelham v Peterkin [2012] SADC 60
Case: [2012] SADC 60
Decision Date: 15 May 2012

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Pelham v Peterkin [2012] SADC 60

Cases Citing This Decision

Cases Cited

Statutory Material Cited

ACN 068 691 092 Pty Ltd v Plan 4 Insurance Services Pty Ltd [2012] SASCFC 25
Citation 1 (Para 26)

…sess the evidence on the basis of a reasonable person in the defendant’s position: ACN 068 691 092 & Anor v Plan 4 Insurance Services Pty Ltd & Ors [2012] SASCFC 25.…
Hannaford (trading as Torrens Valley Orchards) v Australian Farmlink Pty Ltd [2008] FCA 1591
Citation 2 (Para 24)

…b of the defence were conveniently summarised by Finn J in Hannaford (trading as Torrens Valley Orchards) v Australian Farmlink Pty Ltd ACN 087011541 [2008] FCA 1591 and much of what follows is adapted or derived from his Honour’s reasons at [252]-[255].…
Fleetman Pty Ltd v Cairns Pty Ltd [2005] FCAFC 80
Citation 3 (Para 29)

…se, it is one of whether, in all the circumstances, the failure to disclose amounted to misleading or deceptive conduct: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31; Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 at 198-201.…
Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60
Citation 4 (Para 26)

…or deceptive or whether it is likely to mislead or deceive is to be determined objectively: Parkdale at 200; Butcher v Lachlan Elders Realty Pty Ltd (2004) 218 CLR 592 at [109] McHugh J. I am thus entitled to assess the evidence on the basis of a reasonable person in the defendant’s position: ACN 068 691 092 & Anor…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52
Citation 5

…es Act (Cwth) 1974, referred to. Wilton v Farnsworth (1948) 76 CLR 646; Clarion Ltd v National Provident Institution [2000] 2 All ER 265; Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; ACN 074971109 and Ors v National Mutual Life Association of Australasia Ltd [2006] VSC 507; Codelfa Construction Pty Ltd v State Rail Au…
Bell Group Ltd (in liq) v Westpac Banking Corporation [2004] WASC 162
Citation 6 (Para 11)

…d from the post agreement conduct of the parties, but that the construction of any such term may not: Bell Group v Westpac Banking Corporation (No 9) (2008) 225 FLR 1 at [2668]-[2672] Owen J, ACN 098 081 004 v Carribie Olive Harvesters Pty Ltd [2010] SADC 134 at [43]-[44] Nicholson DCJ.…
Watson v Foxman [1995] NSWCA 497
Citation 7 (Para 27)

…Thirdly, and as McLelland CJ said in Watson v Foxman (1995) 49 NSWLR 315 at 318-319: “Where the conduct is the speaking of words in the course of a conversation, it is necessary for the words spoken to be proved with a degree of precision sufficient to enable the court to be reasonably satisfied that they were in fact…
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44
Citation 8 (Para 26)

…n of his or her error: Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 at 200; Parkdale Custom Built Furniture Pty Ltd v Puxu Ltd (1982) 149 CLR 191 at 198. A person will be led into error for this purpose if the conduct complained of leads, or is capable of leading, a person to labour under an er…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 9 (Para 11)

…ty and that it forms part of the circumstances surrounding the actual signing: Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337. That said, although the prior conduct of the parties might give rise to inferences about the terms which they intended to include in the agreement,…
Wilton v Farnworth [1948] HCA 20
Citation 10 (Para 7)

…It is well settled that a party to a contract cannot ordinarily escape the consequences of a bad bargain: Wilton v Farnsworth (1948) 76 CLR 646 at 649 Latham CJ, Clarion Ltd v National Provident Institution [2000] 2 All ER 265 at 281-282 Rimer J. It follows that in the ordinary course of events this would be the end…
Hughes Aircraft Systems International v Airservices Australia [1997] FCA 1011
Citation 11 (Para 29)

…nted to misleading or deceptive conduct: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31; Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 at 198-201.…
RAIA Insurance Brokers Ltd v FAI General Insurance Co Ltd [1993] FCA 127
Citation 12 (Para 28)

…presentation carried with it an implicit assurance that it was based on reasonable grounds: RAIA Insurance Brokers Ltd v FAI General Insurance Co Ltd (1993) 41 FCR 164 at 172-175 Beaumont and Spender JJ.…
Ricochet Pty Ltd v Equity Trustees Executors & Agency Company Ltd [1992] FCA 473
Citation 13 (Para 25)

…to her defence. If the evidence justifies it, inferences can be drawn in these regards: Ricochet Pty Ltd v Equity Trustees Executors & Agency Co Ltd (1993) 41 FCR 229 at 234 Lockhart, Gummow and French JJ.…
Re Official Trustee in Bankruptcy v Ex parte Hadotone Pty Ltd [1987] FCA 332
Citation 14 (Para 28)

…gment will not be misleading or deceptive merely because it misinforms, or is likely to do so: Elders Trustee and Executor Co Ltd v EG Reeves Pty Ltd (1987) 78 ALR 193 at 242. It may be otherwise if the opinion was not in fact held or if the representation carried with it an implicit assurance that it was based on r…
Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd [1984] FCA 167
Citation 15 (Para 13)

…The reasons of the Full Federal Court (Bowen CJ, Lockhart and Fitzgerald JJ in Global Sportsman Pty Ltd v Mirror Newspapers (1984) 2 FCR 82 at 88 are instructive. The Court said: “A statement which involves the state of mind of the maker ordinarily conveys the meaning (expressly or by implication) that the maker o…
Pappas v Soulac Pty Ltd [1983] FCA 3
Citation 16 (Para 31)

…sleading or deceptive, the statements are to be considered not in isolation but in the context of the negotiations as a whole: Papas v Soulac Pty Ltd (1983) 50 ALR 231at 242, Elders Trustee v Reeves (1988) 78 ALR 193 at 242.…
Taco Company of Australia Inc v Taco Bell Pty Ltd [1982] FCA 170
Citation 17 (Para 26)

…error. In non-disclosure cases it is conduct which fails to disabuse a person of his or her error: Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 at 200; Parkdale Custom Built Furniture Pty Ltd v Puxu Ltd (1982) 149 CLR 191 at 198. A person will be led into error for this purpose if the conduct…
Pegela Pty Ltd v National Mutual Life Association of Australasia Ltd [2006] VSC 507
Citation 18 (Para 10)

…ces even if either or both parties did not hold that interpretation”: ACN 074971109 and Ors v National Mutual Life Association of Australasia Ltd [2006] VSC 507 at 256 Redlich J.…

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