Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365

New South Wales Supreme Court

CITATION : Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365

HEARING DATE(S) : 9-11/2/05; 16/3/05; 21-23/3/05

JUDGMENT DATE : 22 April 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Contract validly terminated

CATCHWORDS : EVIDENCE - burden of proof, presumptions and weight and sufficiency of evidence - principles for deciding which party to litigation has the onus of proving that a contract has been validly terminated - onus of proof when a declaration is sought in relation to a negative fact - DECLARATIONS - onus of proof when a declaration is sought as to a negative fact - CONTRACTS - construction and interpretation of contract - principles in deciding whether parties have agreed to dispense with common law rights to terminate for repudiation - ESTOPPEL - general principles - estoppel in the face of a statute - as at what date does one look to see what statutory provisions are in existence for the purpose of deciding whether there has been an estoppel in the face of a statute - ESTOPPEL - general principles - types of statutory provision concerning which there cannot be an estoppel in the face of the statute - ABORIGINALS - Aboriginal land councils - powers and functions - application of doctrine of ultra vires to such corporations - whether such corporations have power to dispense with requirements imposed by Aboriginal Land Rights Act 1983 for keeping accounts and having them audited - whether action of office bearers of such a corporation can give rise to an estoppel whereby it cannot be asserted that the corporation has dispensed with a contractual provision requiring the keeping of accounts, in substantially similar terms to the statutory requirement to keep accounts - ABORIGINALS - Aboriginal land councils - scope of authority of chairman - scope of authority of treasurer - CORPORATIONS - statutory corporations - powers - extent of - Aboriginal land councils - whether such corporations have power to dispense with requirements for keeping accounts and having them audited imposed by Aboriginal Land Rights Act 1983 - CONTRACTS - discharge - repudiation - types of conduct which can be repudiation - LEGAL REASONING - role of ostensive definition