The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 2)

[2012] NSWSC 322

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CIVIL PROCEDURE - separate question - obligation to take interventionist role - effect of Civil Procedure Act 2005 - overriding purpose intersects with usual warnings about dangers of separate questions
1. CONTRACT - deed of release - Grant v John Grant & Sons [1954] HCA 23; (1954) 91 CLR 112 - construction - general words of release confined to subject matter of dispute - limited by recitals and other admissible evidence
1. EQUITY - deed of release - Grant v John Grant & Sons [1954] HCA 23; (1954) 91 CLR 112 - equitable principle - unconscientious reliance on legal rights - general words of release confined to true purpose of transaction
1. EVIDENCE - deed of release - Grant v John Grant & Sons [1954] HCA 23; (1954) 91 CLR 112 - equity permits consideration of state of knowledge of parties concerning existence, character and extent of liability in question [including] actual intention of releasor