Wichmann v Dormway Pty Ltd

[2019] QCA 31

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Deeds
2. › Deed of release
3. › Construction of release
4. › General words of release
5. › Whether release extends to claims unknown to releasor at time of execution
6. › Principle that release confined to matters in contemplation of parties
1. Equity
2. › Unconscionability
3. › Reliance on release
4. › Whether unconscientious for releasee to rely on release obtained when releasee knew of liability unknown to releasor
1. Practice and Procedure
2. › Summary judgment
3. › Whether summary judgment appropriate where deed of release relied upon as defence
4. › Onus on party relying on release to plead and prove its application

Quick Take

A deed of release containing general words of release does not extend to claims unknown to the releasor at the time of execution unless the language makes that intention plain. The party relying on the release bears the onus of pleading and proving that the claims fell within the parties' contemplation. Where an employee who has misappropriated funds fails to disclose the full extent of the misappropriation before a deed of release is executed, reliance on the release may be defeated on grounds of construction, unconscionability, or common law fraud arising from breach of the employee's duty of good faith.