PHOSPHATE RESOURCES LTD -v- WESTERN STEVEDORES PTY LTD [2003] WASC 84

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASC 84
Case No:	CIV:2730/2002	Heard:	15 APRIL 2003
Coram:	MASTER NEWNES	Delivered:	6/05/03
No of pages:	23	Judgment Part:	1 of 1
Result:	Application dismissed
Category:	B
PDF Version

Parties:	PHOSPHATE RESOURCES LTD WESTERN STEVEDORES PTY LTD
Catchwords:	Practice and procedure Order 16 Defendant's application for summary judgment Whether contract for joint venture Whether fiduciary duties owed by prospect joint venturer Turns on own facts
Legislation:	Rules of the Supreme Court, O 16
Case References:	Anaconda Nickel Ltd v Tarmoola Australia Pty Ltd (2000) 22 WAR 101 Birtchnell v Equity Trustees, Executors and Agency Co Ltd (1929) 42 CLR 384 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Furs Ltd v Tomkies (1936) 54 CLR 583 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Tern Minerals NL v Kalbara Mining NL (1990) 3 WAR 486 Terrex Resources NL v Magna Petroleum Pty Ltd [1988] 1 WAR 144 United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 Warman International Ltd v Dwyer (1994) 182 CLR 544 Alcoa of Australia Ltd v SEC (WA) (1995) 17 WAR 112 Anderson v Effexseven & Anor (1999) 10 ANZ Ins Cas 61-424 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Evans v Bartlam [1937] 2 All ER 646 Forsayth NL v Northern Gold NL, unreported; SCt of WA; Library Number 940012; 20 January 1994 Fraser Edmiston Pty Ltd v AGT (Qld) Pty Ltd [1988] 2 Qd R 1 Industrial Development Consultants Ltd v Cooley [1972] 2 All ER 162 Interhotel Australia Pty Ltd v Austotel Pty Ltd (1987), unreported; SCt of WA; Library No 6787; 15 July 1987 May & Butcher Ltd v R [1934] 2 KB 17 Paul Dainty Corporation Pty Ltd & Anor v National Tennis Centre Trust & Ors (1990) 94 ALR 225 Regal (Hastings) Ltd v Gulliver & Ors [1967] 2 AC 134 Schipp v Cameron, Harrison & Ors [1998] NSWSC 997 Secured Income Real Estate (Australia) Ltd v St Martin's Investments Pty Ltd (1979) 144 CLR 596 Woodside Offshore Petroleum Pty Ltd v Atwood Oceanics Inc & Anor [1986] WAR 253

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : PHOSPHATE RESOURCES LTD -v- WESTERN STEVEDORES PTY LTD [2003] WASC 84 CORAM : MASTER NEWNES HEARD : 15 APRIL 2003 DELIVERED : 6 MAY 2003 FILE NO/S : CIV 2730 of 2002 BETWEEN : PHOSPHATE RESOURCES LTD

Plaintiff

AND

WESTERN STEVEDORES PTY LTD

Defendant

Catchwords:

Practice and procedure - Order 16 - Defendant's application for summary judgment - Whether contract for joint venture - Whether fiduciary duties owed by prospect joint venturer - Turns on own facts

Legislation:

Rules of the Supreme Court, O 16

Result:

Application dismissed

(Page 2)

Category: B

Representation:

Counsel:

Plaintiff : Mr M H Zilko SC

Defendant : Mr M C Hotchkin

Solicitors:

Plaintiff : Troika Legal

Defendant : Hotchkin Hanly

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2003] WASC 84
Decision Date

CaseChat Overview and Summary

This case involved a dispute between Phosphate Resources Ltd (the plaintiff) and Western Stevedores Pty Ltd (the defendant) over a proposed joint venture for facilities management services at the Christmas Island port. The plaintiff sought damages for breach of contract and equitable compensation for breach of fiduciary duties. The defendant applied for summary judgment under Order 16 of the Rules of the Supreme Court. The court considered the arguments on the existence of a binding contract and the fiduciary duties owed by the defendant. The court held that it was arguable that the defendant owed fiduciary duties to the plaintiff and that the defendant's contention that the plaintiff could not have earned the profits was incorrect. The court also found that there were disputed facts as to the terms of the contract, and whether the contract was incomplete or uncertain. Given the disputed facts and issues, the court held that the application for summary judgment should be dismissed and the case should proceed to trial. The final orders were that the defendant's application for summary judgment be dismissed in its entirety.

Orders