Corbett v Nguyen [2012] NSWSC 530

Supreme Court New South Wales

Medium Neutral Citation: Corbett v Nguyen [2012] NSWSC 530 Hearing dates: 1, 2, 3 May 2012 Decision date: 23 May 2012 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Judgment for plaintiff on part of claim. Cross claim against second defendant dismissed. Catchwords: CONTRACTS- construction and interpretation of contracts- whether clause in Deed of Transfer of Company Shares void for uncertainty- where clause stipulated an "additional" $50,000 be paid to plaintiff- where plaintiff claimed entitled to $50,000 in addition to other monies and defendants claimed plaintiff entitled to fixed amount of $50,000- consideration of surrounding circumstances- clause void for uncertainty.

EQUITY- mistake- equitable remedies- rectification- where cross claimants sought rectification of Deed if on its proper construction the plaintiff was entitled to the additional $50,000- no unilateral mistake- common mistake- consideration of subjective intentions and post contractual conduct- defendants entitled to rectification in event clause not found void for uncertainty. Cases Cited: Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 Category: Principal judgment Parties: James Edmund Corbett (Plaintiff) Hau Nhon Nguyen (First Defendant) Hoa Nhon Nguyen (Second Defendant) Ai Nhon Nguyen (Third Defendant) Abaco Machines (Australasia) Pty Ltd (Trustee of the Tuyet Superannation Fund) (Fourth Defendant) David Duc Van Nguyen (Second Cross Defendant) Representation: Counsel: