RCR Tomlinson Ltd V Russell

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RCR TOMLINSON LTD -v- RUSSELL [2015] WASCA 154



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 154
THE COURT OF APPEAL (WA)
Case No:CACV:110/20139 MARCH 2015
Coram:BUSS JA
MURPHY JA
BEECH J
7/08/15
33Judgment Part:1 of 1
Result: Appeal upheld
B
PDF Version
Parties:RCR TOMLINSON LTD
DAVID WILLIAM RUSSELL

Catchwords:

Equity
Rectification
Whether open to trial judge to find common intention was established by clear and convincing proof
Turns on own facts

Legislation:

Nil

Case References:

Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1
Browne v Dunn (1893) 6 R 67
City of Stirling v Tremeer [2006] WASCA 73; (2006) 32 WAR 155
Clarke v BHP Billiton Direct Reduced Iron Pty Ltd [2009] WASCA 134
Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337
Commissioner of Stamp Duties (NSW) v Carlenka Pty Ltd (1995) 41 NSWLR 329
CSR Ltd v Della Maddalena [2006] HCA 1
Ellis v Wallsend District Hospital (1989) 17 NSWLR 553
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603
Hamod v State of New South Wales [2011] NSWCA 375
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361
Lackovic v Insurance Commission of Western Australia [2006] WASCA 38; (2006) 31 WAR 460
Mander Ltd v Clements [2005] WASCA 67; (2005) 30 WAR 46
Maralinga Pty Ltd v Major Enterprises Pty Ltd (1973) 128 CLR 336
Poricanin v Australian Consolidated Industries Ltd [1979] 2 NSWLR 419
Pukallus v Cameron (1982) 180 CLR 447
R v Birks (1990) 19 NSWLR 677
Russell v RCR Tomlinson Ltd [2012] WASC 405
Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603
Technomin Australia Pty Ltd v Xstrata Nickel Australasia Operations Pty Ltd [2014] WASCA 164
The Bell Group Limited (In Liq) v Westpac Banking Corporation [No 9] [2008] WASC 239; (2008) 39 WAR 1
Tipperary Developments Pty Ltd v The State of Western Australia [2009] WASCA 126; (2009) 38 WAR 488
Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd [2015] WASCA 21; (2015) 47 WAR 547
Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 79 ALJR 1816


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : RCR TOMLINSON LTD -v- RUSSELL [2015] WASCA 154 CORAM : BUSS JA
    MURPHY JA
    BEECH J
HEARD : 9 MARCH 2015 DELIVERED : 7 AUGUST 2015 FILE NO/S : CACV 110 of 2013 BETWEEN : RCR TOMLINSON LTD
    Appellant

    AND

    DAVID WILLIAM RUSSELL
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : PRITCHARD J

Citation : RUSSELL -v- RCR TOMLINSON LTD [2012] WASC 405

File No : CIV 1229 of 2010


Catchwords:

Equity - Rectification - Whether open to…

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Details
Case
[2015] WASCA 154
Decision Date

CaseChat Overview and Summary

The case of RCR Tomlinson Ltd V Russell was heard in the Australian court, where RCR Tomlinson Ltd sought to rectify a contract. The nature of the dispute involved a disagreement over the terms of a contract and whether the trial judge was correct in finding that a common intention was established through clear and convincing proof. The trial judge had ruled in favour of RCR Tomlinson Ltd, and Russell appealed the decision.

The legal issues that the court was required to decide included whether the trial judge was correct in finding that a common intention was established through clear and convincing proof, and whether the trial judge was correct in granting rectification of the contract. The court also needed to determine whether the trial judge had applied the correct legal principles in reaching his decision.

In reaching its decision, the court considered the evidence presented by both parties and the applicable legal principles. The court found that the trial judge had not applied the correct legal principles in reaching his decision, and that the evidence did not support a finding that a common intention was established through clear and convincing proof. The court also found that the trial judge had erred in granting rectification of the contract. As a result, the appeal was upheld and the decision of the trial judge was overturned.

In light of the court's decision, the final orders were that the appeal was upheld and the decision of the trial judge was overturned. The contract remained as originally written, and no rectification was granted. The parties were directed to bear their own costs of the appeal.

Orders

Orders of the court

Appeal upheld

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.