Lindsay-Owen v Winton Partners Funds Management Pty Ltd [2017] NSWCA 78

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lindsay-Owen v Winton Partners Funds Management Pty Ltd [2017] NSWCA 78 Hearing dates: 3 March 2017 Decision date: 12 April 2017 Before: Macfarlan JA at [1]; Payne JA at [2]; Emmett AJA at [25] Decision: Appeal dismissed. The First Appellant and Second Appellant to pay the Respondent's costs of the appeal. Catchwords: CONTRACTS – construction of terms – appellants involved in property development joint venture – dispute arose which required sale of the relevant land – respondent entered into multiple agreements with appellants by which it agreed to act as "attorney and agent" in respect of sale – respondent distributed sale proceeds amounting to more than $100m – dispute as to $5m remuneration claimed by respondent – amount of remuneration determined by reference to "sale proceeds of the Property" – construction of "Property" – construction of "proceeds" Cases Cited: Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181; [2001] HCA 70 Suttor v Gundowda (1950) 81 CLR 418; [1950] HCA 35 Category: Principal judgment Parties: Gregory Hamilton Willoughby Lindsay-Owen (First Appellant) DairyCorp Pty Ltd (Second Appellant) Winton Partners Funds management Pty Ltd (Respondent) Representation: Counsel: N Kidd SC (Appellants) J C Giles SC with H Mann (Respondent)

Solicitors: Mills Oakley Lawyers (Appellants) Dentons (Respondent) File Number(s): 2016/184385 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2016] NSWSC 640 Date of Decision: 10 June 2016 Before: Hammerschlag J File Number(s): 2016/98573