Beaman v Higson [2021] NSWSC 935

Supreme Court New South Wales

Medium Neutral Citation: Beaman v Higson [2021] NSWSC 935 Hearing dates: 23 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The appeal is dismissed; 2. Unless the parties' approach to be heard within 7 days, Mr Beaman must pay Mr Higson's costs, as agreed or assessed. Catchwords: APPEALS – Point not taken below – Whether new defence raised on appeal may be permitted CONTRACTS – Construction – Principles – Extrinsic Evidence – Implication of terms – Where terms in contractual deed are ambiguous – Whether terms of deed correctly construed given its commercial purpose Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Higson v Beaman (Local Court (NSW)) 28 March 2021, unrep) O'Brien v Komesaroff (1982) 150 CLR 310 Perr v Coolangatta Investments [1982] HCA 29 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 University of Wollongong v Metwally (No 2) [1985] HCA 258; 59 ALJR 481 Wenham & Anor b Ella (1972) 127 CLR 454; [1972] HCA 43 Category: Principal judgment Parties: Damian Beaman (Plaintiff) David Warren Higson (Defendant) Representation: Counsel: Mr J Mack (Plaintiff) Mr S Chapple (Defendant) Solicitors: TDP Legal (Plaintiff) Law Quarter (Defendant) File Number(s): 2021/113058 Decision under appeal Court or tribunal: Local Court Jurisdiction: Civil – General Division Date of Decision: 26 March 2021 Before: Magistrate J Price File Number(s): 2019/00253866