Halikos Hospitality Pty Ltd & Ors v INPEX Operations Australia Pty Ltd

[2020] NTCA 4

NT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Functions of appellate court
4. › Real review of evidence and reasons
5. › Appellate restraint before interfering with findings of fact
6. › Whether appellant required to show findings 'glaringly improbable' or 'contrary to compelling inferences'
1. Appeal
2. › Courts and Judges
3. › Delay before announcing judgment
4. › Delay between announcing judgment and publishing reasons
5. › Whether delay renders judgment unsafe
6. › Whether delay contributed to error or infirmity
1. Agency
2. › Authority of agents
3. › Actual authority
4. › Ostensible authority
5. › Whether officers had authority to bind corporation
6. › Knowledge of internal decision-making processes
1. Contract
2. › Formation
3. › Intention to create legal relations
4. › Negotiations incomplete
5. › Whether single contract or two contracts
6. › Whether parties still negotiating

Quick Take

Delay between the conclusion of evidence and the delivery of reasons does not, of itself, render a judgment unsafe; the ground of appellate intervention is the error or infirmity of the decision, not the delay. Where there is significant delay, the appellate court will look with special care at challenged findings of fact, but the weakening of the trial judge's advantage does not compel a different result if the appellate court's own review of the evidence supports the same conclusions. A gap between pronouncement of judgment and delivery of written reasons is permissible in superior courts where the justice of the situation requires it.