Hill End Gold Ltd v First Tiffany Resource Corporation [2011] NSWCA 276

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hill End Gold Ltd v First Tiffany Resource Corporation [2011] NSWCA 276 Hearing dates: 16 August 2011 Decision date: 13 September 2011 Before: Allsop P at 1 Meagher JA at 1 Handley AJA at 66 Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - termination - repudiation - conduct asserting alternative contentions as to nature of parties' rights in context of litigation in all the circumstances not repudiatory.

CONTRACT - formation - joint venture agreement - no formal agreement executed - alternative contractual arrangements posited - primary judge in position of advantage to assess recollection of witnesses - no error shown in approach of primary judge as to governing arrangement.

EVIDENCE - cross-examination - concessions - evidence as to events of many years past - no error in approach of primary judge in not giving weight to concessions in circumstances. Cases Cited: Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; 53 NSWLR 153 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Integrated Computer Services Pty Ltd v Digital Equipment Corporation (Australia) Pty Ltd (1988) 5 BPR 11,110 Moran v Standard Oil Co 211 NY 187 (Court of Appeals, 1914) Category: Principal judgment Parties: Hill End Gold Ltd (Appellant) First Tiffany Resource Corporation (Respondent) Representation: Mr R J Weber SC, Mr C N Bova (Appellant) Mr C A Sweeney QC (Respondent) Ian Congdon (Appellant) Not Represented (Respondent) File Number(s): 2005/262103 Decision under appeal Jurisdiction: 9111 Citation: Hill End Gold Ltd v First Tiffany Resource Corporation [2010] NSWSC 375 Date of Decision: 2010-04-30 00:00:00 Before: Brereton J File Number(s): 2005/262103