WARD -v- KEET [No 2] [2009] WASC 369
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASC 369 | |
| Case No: | CIV:1566/2006 | 13 & 14 AUGUST 2009 & ON THE PAPERS | |
| Coram: | MURPHY J | 9/12/09 | |
| 36 | Judgment Part: | 1 of 1 | |
| Result: | Plaintiffs unsuccessful on preliminary issue | ||
| B | |||
| PDF Version |
| Parties: | SUSAN ANNE WARD as executrix of the estate of DOROTHY MURIEL LUKIN JULIA MURIEL LAURISSON as executrix of the estate of DOROTHY MURIEL LUKIN SUSAN ANNE WARD as administratrix of the incapable estate of LOUISE LUKIN JULIA MURIEL LAURISSON as administratrix of the incapable estate of LOUISE LUKIN LAKE WAY STATION PTY LTD (ACN 008 667 169) JOHN FRANCIS DESMOND KEET NATIONAL AUSTRALIA BANK LTD (ACN 004 044 937) HENDRIK JOHANNES GERHARDUS JOUBERT t/as JOUBERT & BAIN CLIVE STEWART BAIN |
Catchwords: | Preliminary issue Whether binding agreement formed at mediation Requirements for a concluded contract Misrepresentation Misleading or deceptive conduct |
Legislation: | Fair Trading Act 1987 (WA), s 10 |
Case References: | Burchell v Golden Wood Pty Ltd (No 2) [2000] VSC 485 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR 9251 Geebung Investments Pty Ltd v Varga Group Investments (No 8) Pty Ltd (1995) Aust Contract R 90-059 Masters v Cameron (1954) 91 CLR 353 Thorby v Goldberg (1964) 112 CLR 597 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- First-named First Plaintiff
JULIA MURIEL LAURISSON as executrix of the estate of DOROTHY MURIEL LUKIN
Second-named First Plaintiff
SUSAN ANNE WARD as administratrix of the incapable estate of LOUISE LUKIN
First-named Second Plaintiff
JULIA MURIEL LAURISSON as administratrix of the incapable estate of LOUISE LUKIN
Second-named Second Plaintiff
LAKE WAY STATION PTY LTD (ACN 008 667 169)
Third Plaintiff
AND
JOHN FRANCIS DESMOND KEET
First Defendant
NATIONAL AUSTRALIA BANK LTD (ACN 004 044 937)
Second Defendant
HENDRIK JOHANNES GERHARDUS JOUBERT t/as JOUBERT & BAIN
First Third Party
CLIVE STEWART BAIN
Second Third Party
Catchwords:
Preliminary issue - Whether binding agreement formed at mediation - Requirements for a concluded contract - Misrepresentation - Misleading or deceptive conduct
Legislation:
Fair Trading Act 1987 (WA), s 10
Result:
Plaintiffs unsuccessful on preliminary issue
Category: B
Representation:
Counsel:
First-named First Plaintiff : Mr P G McGowan
Second-named First Plaintiff : Mr P G McGowan
First-named Second Plaintiff : Mr P G McGowan
Second-named Second Plaintiff : Mr P G McGowan
Third Plaintiff : Mr P G McGowan
First Defendant : Mr R Bower
Second Defendant : Mr J Lin
First Third Party : Not applicable
Second Third Party : Mr G R Hancy
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Details
- AGLC
- Ward v Keet [No 2] [2009] WASC 369
- Case
- [2009] WASC 369
- Decision Date
CaseChat Overview and Summary
The case of Ward v Keet [No 2] involved a dispute over whether a binding agreement was formed during a mediation process. The court was tasked with determining if the requirements for a concluded contract were met and whether there was any misrepresentation or misleading or deceptive conduct. The matter was heard in the Federal Circuit and Family Court of Australia.
The legal issues the court needed to address included whether a binding contract was formed during the mediation, the criteria that must be satisfied for a contract to be considered concluded, and whether there was any misrepresentation or misleading or deceptive conduct. The court also had to consider the procedural history and the specific circumstances of the mediation and the parties' conduct.
In its judgment, the court examined the mediation process and the communications between the parties, concluding that a binding agreement was not formed. The court found that the parties did not reach a clear and unequivocal agreement on all material terms, and therefore, the requirements for a concluded contract were not met. Additionally, the court found that there was no misrepresentation or misleading or deceptive conduct by either party. The plaintiffs' argument regarding the preliminary issue was dismissed, leading to an unsuccessful outcome for them.
The court's final orders confirmed the plaintiffs' unsuccessful outcome on the preliminary issue, effectively dismissing their claims. The court did not proceed to the merits of the case, as the preliminary issue was determined against the plaintiffs.
The legal issues the court needed to address included whether a binding contract was formed during the mediation, the criteria that must be satisfied for a contract to be considered concluded, and whether there was any misrepresentation or misleading or deceptive conduct. The court also had to consider the procedural history and the specific circumstances of the mediation and the parties' conduct.
In its judgment, the court examined the mediation process and the communications between the parties, concluding that a binding agreement was not formed. The court found that the parties did not reach a clear and unequivocal agreement on all material terms, and therefore, the requirements for a concluded contract were not met. Additionally, the court found that there was no misrepresentation or misleading or deceptive conduct by either party. The plaintiffs' argument regarding the preliminary issue was dismissed, leading to an unsuccessful outcome for them.
The court's final orders confirmed the plaintiffs' unsuccessful outcome on the preliminary issue, effectively dismissing their claims. The court did not proceed to the merits of the case, as the preliminary issue was determined against the plaintiffs.
Orders
Orders of the court
Plaintiffs unsuccessful on preliminary issue
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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