CONNELL v DFC of T

Judges: Franklyn J
Owen J

Parker J

Court:
Full Court of the Supreme Court of Western Australia

Judgment date: 24 May 1996

Parker J

I have had the advantage of reading the reasons of Franklyn J.

I agree with the conclusion of his Honour, and with one reservation his reasons for that conclusion, that on the proper construction of the Main Deed the settlement sum there provided for is payable to the Connells in their capacity of partners in the partnership of LR Connell & Partners.

The reservation mentioned relates to the reliance of his Honour on the testimony of Mrs Connell and the inference he draws from that.

Because of the view I have reached as to the proper construction of the Main Deed I express no view about, or as to matters relating to, the Supplemental Deed.

On this basis I agree with Franklyn J that the appeal should be upheld, and that the findings or judgements of the learned trial Judge numbered (1), (2), (3) and (4), but not (5), as set out in the Notice of Appeal should be set aside, and that orders or declarations should be made in the terms sought in paragraphs (a), (c) and (d) of the Notice of Appeal, but not that sought as an alternative to (a) in para (b).


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.