Ramsay Health Care Australia Pty Limited v Adrian Compton [2015] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: Ramsay Health Care Australia Pty Limited v Adrian Compton [2015] NSWSC 163 Hearing dates: 18, 19 & 23 February 2015 Decision date: 06 March 2015 Jurisdiction: Equity Division - Commercial List Before: Hammerschlag J Decision: Judgment for the plaintiff against the second defendant in the amount of $9,810,312.33. Catchwords: CONTRACT – Guarantee and indemnity – whether second defendant's conduct in appending his signature to signing pages connoted assent to the terms contained in a Guarantee and indemnity proffered by the plaintiff to him for his signature – HELD: plaintiff signature communicated his assent to be bound by the Guarantee and indemnity NON EST FACTUM – requirements for the defence – whether in the circumstances the defence has been made out – HELD: defence fails because the second defendant's mind went with his signature and no other basis for not being bound has been put forward Cases Cited: Toll (FGCT) Pty v Alphapharm Pty Ltd (2004) 219 CLR 165 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Petelin v Cullen (1975) 132 CLR 355 PT Limited v Maradona Pty Ltd (1992) 25 NSWLR 643 Texts Cited: Paterson, Robertson, and Duke, Principles of Contract Law, (4th ed 2011, Thomson Reuters) J W Carter, Contract Law in Australia, (6th ed 2013, LexisNexis Butterworths) Category: Principal judgment Parties: Ramsay Health Care Australia Pty Limited – Plaintiff Adrian Compton – Second Defendant Representation: Counsel: C.R.C. Newlinds S.C. with J. Hynes - Plaintiff J.G. Duncan – Second Defendant