GARDINER v AGRICULTURAL AND RURAL FINANCE PTY LTD [2007] NSWCA 235

Reported Decision: (2008) 251 ALR 322(2008) 83 ALJR 196(2009) 25 BCL 112 Appeal Outcome: Special leave granted by the High Court - 18 April 2008

New South Wales Court of Appeal

CITATION: GARDINER v AGRICULTURAL AND RURAL FINANCE PTY LTD [2007] NSWCA 235

HEARING DATE(S): 19-22 February 2007

JUDGMENT DATE: 6 September 2007

JUDGMENT OF: Spigelman CJ at 1; Basten JA at 142; Handley AJA at 356

(1) Allow the appeal and set aside orders 1-6 made in the Equity Division on 11 April 2006 with respect to the Appellant.

(2) Give judgment for the First Respondent (Agricultural and Rural Finance Pty Ltd) against the Appellant (Bruce Walter Gardiner) in an amount of $31,616.35, together with interest, but otherwise dismiss the Summons in the Equity Division.

(3) Dismiss the Appellant's cross-claim with no order as to costs.

(4) Dismiss the First Respondent's cross-appeal against the Appellant. DECISION: (5) Dismiss the Second Respondent's cross-appeal against the Appellant.

(6) Dismiss the First Respondent's motion of 7 November 2006 to amend the Summons filed in the Equity Division.

(7) Order that the First Respondent pay 50% of the Appellant's costs of the proceedings in the Equity Division.

(8) Order that the First Respondent pay 50% of the Appellant's costs of the appeal and in respect thereof grant the Second Respondent a certificate under the Suitors' Fund Act 1951 (NSW) if not disqualified pursuant to s 6(7) thereof.

CONTRACT – general contractual principles – construction and interpretation of contracts – consideration of surrounding circumstances – relevance of regulatory scheme – prescribed interests – Corporations Law Pt 7.12