Perry v Anthony [2016] NSWCA 56

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Perry v Anthony [2016] NSWCA 56 Hearing dates: 3 March 2016 Decision date: 24 March 2016 Before: Beazley P; Gleeson JA; Emmett AJA Decision: 1. Appeal dismissed;

2. Order the appellants to pay the respondent's costs of the appeal;

3. The parties are granted liberty to apply in respect of moneys paid into Court pursuant to orders made in these proceedings on 14 September 2015. Catchwords: CONTRACT – contractual indemnity – scope and extent of indemnity – scope and extent always a question of construction

CONTRACT – formation – requirement of consideration – mutual promises constitute sufficient consideration

CONTRACT – construction of commercial contracts – contracts to be construed as a whole according to terms and what a reasonable business person would have understood them to mean Cases Cited: Andar Transport Pty Ltd v Brambles Ltd [2004] HCA 28; 217 CLR Bofinger v Kingsway Group Limited [2009] HCA 44; 230 CLR 269 Gibson Motor Sports Merchandise Pty Ltd and Ors v Robert James Forbes & Ors [2005] FCA 749 Rankin v Palmer [1912] HCA 95; 16 CLR 285 United Dominions Corporation Ltd v Brian Pty Ltd [1985] HCA 49; 157 CLR 1 Wren v Mahony [1972] HCA 5; 126 CLR 212 Texts Cited: O'Donovan and Phillips, Modern Contract of Guarantee Category: Principal judgment Parties: Vince Perry (First Appellant) Perry Properties Pty Ltd (Second Appellant) Patricia Catherine Anthony (Respondent) Representation: Counsel: G Sirtes SC; P English (Appellants) D Pritchard SC; A Macauley (Respondent)