Porter v Sundance Resources Ltd (No 2)

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PORTER -v- SUNDANCE RESOURCES LTD [No 2] [2015] WASC 493



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 493
Case No:CIV:1632/20137 - 9 SEPTEMBER 2015
Coram:KENNETH MARTIN J23/12/15
110Judgment Part:1 of 3
Result: Judgment for plaintiff
BOther Parts:Pages 51 to 100 Pages 101 to 110
PDF Version
Parties:DAVID JAMES PORTER
SUNDANCE RESOURCES LTD

Catchwords:

Contract
Breach
Damages
Failure to provide promised options upon meeting of promised performance
Terms of contract
Inferred terms alleged
Foreign corporate subsidiary
Overseas mineral exploration licence
Repudiation of promise to provide options
Alleged abandonment of contract
Alleged inference of abandonment
Contract not abandoned
Damages awarded
Turns on own facts

Legislation:

Nil

Case References:

Absolute Analogue Inc v Sundance Resources Ltd [2015] WASCA 168
Absolute Analogue Inc v Sundance Resources Ltd [No 3] [2014] WASC 283
Adnunat Pty Ltd v ITW Construction Systems Australia Pty Ltd [2009] FCA 499
Agricultural and Rural Finance Pty Ltd v Gardiner [2008] HCA 57; (2008) 238 CLR 570
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) FCR 424
Brogden v Metropolitan Railway Co (1877) 2 App Cas 666
CGM Investments Pty Ltd v Chelliah [2003] FCA 79; (2003) 196 ALR 548
Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337
De Soysa v De Pless Pol [1912] AC 194
Diploma Construction (WA) Pty Ltd v Best Bar Pty Ltd [No 2] [2015] WASC 230
DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12; (1978) 138 CLR 423
Fazio v Fazio [2012] WASCA 72
Fitzgerald v Masters (1956) 95 CLR 420
Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539
Hoyts Pty Ltd v Burns [2003] HCA 61; (2003) 201 ALR 470
JR Marine Systems Pte Ltd v Wavemaster International Pty Ltd (in liq) [2011] WASCA 16
Laidlaw v Hillier Hewitt Elsley Pty Ltd [2009] NSWCA 44
Marminta Pty Ltd v French [2003] QCA 541
Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal [1983] 1 AC 854; [1983] 1 All ER 34
Porter v Sundance Resources Ltd [2015] WASC 327
Summers v Commonwealth [1918] HCA 33; (1918) 25 CLR 144
Toyota Motor Corporation Australia Ltd v Ken Morgan Motors Pty Ltd [1994] 2 VR 106
Wallera Pty Ltd v CGM Investments Pty Ltd [2003] FCAFC 279


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : PORTER -v- SUNDANCE RESOURCES LTD [No 2] [2015] WASC 493 CORAM : KENNETH MARTIN J HEARD :
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Details
Case
[2015] WASC 493
Decision Date

CaseChat Overview and Summary

In the matter of Porter v Sundance Resources Ltd (No 2), the plaintiff, Mr Porter, brought an action against the defendant, Sundance Resources Ltd, alleging breach of contract, specifically in relation to the failure to provide promised options upon meeting of the promised performance. The case was heard in the Supreme Court of Queensland. The plaintiff contended that the defendant had repudiated its promise to provide options, which constituted a breach of contract, and sought damages for the alleged breach.

The primary legal issues that the court was required to decide involved the terms of the contract between the parties, the inference of terms in the contract, and the nature of the defendant's obligations. The plaintiff alleged that the defendant had breached the contract by failing to provide the promised options and that the contract was effectively abandoned. The court had to determine whether the terms alleged by the plaintiff were indeed part of the contract and whether the defendant had repudiated the contract or breached its terms.

The court found that the terms of the contract did not include the inferred terms alleged by the plaintiff. It was held that the contract did not involve an abandonment or repudiation of the promise to provide options. The court concluded that the plaintiff was not entitled to the inferred terms and that the defendant had not breached the contract. The court awarded damages to the plaintiff, finding that the defendant had indeed breached the contract by failing to provide the promised options. The damages were quantified based on the facts of the case, and judgment was entered in favour of the plaintiff.

Orders

Orders of the court

Judgment for plaintiff

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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