Jr Marine Systems Pte Ltd v Wavemaster International Pty Ltd (in liq)

[2011] WASCA 16

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Extension of time to appeal
3. › Factors to be considered
4. › Length of delay
5. › Reasons for delay
6. › Prospects of success
7. › Prejudice to respondent
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), pt 5 r 26
1. Evidence
2. › Proof of facts
3. › Evidence of regular and uniform practice
4. › Whether evidence of business practice sufficient to support inference that act was performed
5. › Requirements for admissibility and probative value
1. Contract
2. › Repudiation
3. › Renunciation
4. › Whether solicitor's letter evinced unwillingness to perform
5. › Objective test
6. › Whether conduct conveyed to reasonable person disavowal of contract
1. Contract
2. › Discharge by agreement
3. › Abandonment
4. › Whether abandonment may be inferred from conduct
5. › Whether new issue may be raised on appeal when not pleaded below

Quick Take

Evidence couched in terms of what a person 'would' have done, without evidence of regular and uniform performance of the relevant acts, amounts to speculation and is insufficient to support an inference that the act was in fact performed. A solicitor's letter asserting that a contract has been 'terminated' by the other party's conduct, denying any indebtedness 'at all', and reserving rights, is capable of constituting repudiation of the contract as a whole.