Federal Court of Australia
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18th September 1981
CATCHWORDS
Contract - agreement to buy land and business and plant equipment - notice to complete - trial judge not satisfied that contracts signed by respondents - role of appellate
court where trial judge assessed credit and reliability
Estoppel - statement by solicitor that signed - ostensible agency - knowledge and intention - whether real detriment or harm - whether granting of possession a material detriment - estoppel as a sword or shield - guarantee of overdraft - shareholders attempting to rely on detriment
suffered by their company
ANTHONY CHIN, PETER DESMOND O'SHEA, CHIN SIK HOE, CAPRICORNIA MOTELS PTY LTD and CAPRICORNIA PENTHOUSE
RESTAURANTS PTY LTD v. JEFFREY GEORGE MILLER and LYNETTE NONA MILLER
CORAM: Keely, Fisher and Gallop JJ.
Darwin
IN THE FEDERAL COURT CF AUSTRALIA
NORTHERN
TERRITORY DISTRICT
REGISTRY
GENERAL DIVISION
Coram:
BETWEEN?
{8 september 1981
KEELY J.:
reasons for
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N.T. G No.4 of 1980
ON APPEAL FROV THE SUPPEME COURT OF THE NORTHERN
TEFP TORY
ANTHONY CHIM, PETLP NESNOND O'SHE?, Gites SIn STE, CAPPICORNTA MOTELS PTY
LI TTED CAPNTA
DEM TEOT PETS PTY
LIMITER
AND: JEOFPREY GHhOPSE MILLER and LYWETTe ONS "TLLES Pesrcondents KEELY, FISHER AND GALLOP JT. PEASONS FOP JUDGMENT
In this matter I have had the benefit of reading the
judgment of Fisher J.
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gres rohe
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I add, however, that in my cpinion 1t was open to the learned trial judge to find that Graham did not intend that his statement that the Millers had signed tne contract would be acted upon by thé vendors and also to find that Graham was not aware that the vendors would so act. I agree with Fisher J. in accepting as correct the finding of the trial judge that there was nothing said on 20 Avril 1977 between Parish and Grahem to suggest that the appellants would or were likely to act upon the assurance by Graham.
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