Hawes & anor v Dean & ors [2013] NSWSC 745

Supreme Court New South Wales

Medium Neutral Citation: Hawes & anor v Dean & ors [2013] NSWSC 745 Hearing dates: 22 - 24 May 2012 Decision date: 12 June 2013 Jurisdiction: Equity Division Before: Brereton J Decision: Direct that the parties bring in short minutes to give effect to this judgment, at which time the formalities attending the winding up application, any outstanding questions of quantification, costs, and any consequential matters, can be dealt with. Catchwords: EQUITY - Contribution - where each of two joint borrowers gives separate mortgage over separately owned parcel of land and one (plaintiff) discharges joint debt - whether right to contribution excluded by terms of deed by which parties separated their interests, whereby defendant transferred its property to plaintiff and plaintiff undertook to procure release of guarantees of defendant's debt - whether implicit that defendant would transfer its property unencumbered - where two properties secure joint debt - whether properties contribute rateably

EQUITY - Rectification - where plaintiff and defendant had equal interests in joint venture - where separation of interests proceeded on conventional basis of equality of distribution of assets and liabilities - where deed of separation mistakenly fails to give effect to that conventional basis

CORPORATIONS - External administration - winding-up - just and equitable ground

CONTRACTS - Interpretation - no question of principle. Legislation Cited: (CTH) Corporations Act 2001, s 237 Cases Cited: Aldrich v Cooper (1803) 8 Ves 382; (1803) 32 ER 402 Re Best; Parker v Best [1924] 1 Ch 42, 44 Texts Cited: Young, Croft & Smith, On Equity Category: Principal judgment Parties: David Richard Hawes (first plaintiff) Hawes Investments Pty Ltd (second plaintiff) Trevor Laurence Dean (first defendant) T&B Dean Investments Pty Ltd (second defendant) Hawden Property Group Pty Ltd (third defendant) Hawden Constructions Pty Ltd (fourth defendant) Gallwey Pty Ltd (fifth defendant) Representation: Counsel: GM McGrath - plaintiffs JE Lazarus - first, second & fifth defendants Solicitors: Staunton & Thompson - plaintiffs JT Law - first, second & fifth defendants File Number(s): 2009/ 290891