ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 3) [2025] FCA 132

FEDERAL COURT OF AUSTRALIA ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 3) [2025] FCA 132 File number(s):

Judgment of: GOODMAN J

Date of judgment: 27 February 2025

CONTRACTS – interpretation – correction of mistakes by construction – whether literal meaning created an absurdity – whether objective intention self-evident – neither established Catchwords: CONTRACTS – rectification – whether continuing common intention not reflected in the contract – not established CONTRACTS – whether conditions precedent to operation of indemnity established – construction of the indemnity – indemnity operative

ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers Appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd [2022] FCA 282 Elisha v Vision Australia Ltd [2024] HCA 50; (2024) 99 ALJR 171 Energy World Corporation Ltd v Maurice Hayes & Associates Pty Ltd [2007] FCAFC 34; (2007) 239 ALR 457 Federal Commissioner of Taxation v Trustee for the Michael Hayes Family Trust [2019] FCAFC 226; (2019) 273 FCR 567 Cases cited: HDI Global Specialty SE v Wonkana No 3 Pty Ltd [2020] NSWCA 296; (2020) 104 NSWLR 634 James Adam Pty Ltd v Fobeza Pty Ltd [2020] NSWCA 311; (2020) 103 NSWLR 850 QBT Pty Ltd v Wilson [20224] NSWCA 114 Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2019] NSWCA 11; (2019) 99 NSWLR 317 Zhong v Guan [2024] NSWCA 300