UAERJ Pty Ltd v Jupiters Ltd [2014] NSWCA 213

UAERJ Pty Ltd v Jupiters Ltd [2014] NSWCA 213

Jupiters Ltd had no entitlement to the Perth, Wollongong or Brisbane ticket sale proceeds because Mr Denison and UAE Presents Pty Ltd had no authority from UAERJ Pty Ltd to assign or charge those proceeds for Jupiters Ltd's benefit, UAERJ Pty Ltd made no representation to Jupiters Ltd clothing them with ostensible authority, and the purported irrevocable directions to pay were not contracts or effective deeds preventing withdrawal before payment. UAERJ Pty Ltd's District Court proceedings against Mr Denison and UAE Presents Pty Ltd did not amount to an election because its claims were cumulative, not alternative, and double recovery could be prevented.

Jurisdiction
Australia
Judgment Date
03 July 2014
Procedural Posture
Civil Appeal and Cross Appeal / Appeal From Decision of the Equity Division of the Supreme Court of New South Wales
Outcome
Appeal allowed; cross-appeal dismissed; Jupiters Ltd's claims to the ticket sale proceeds rejected.
Legal Topics
['assignment or Charge of Property' 'irrevocable Directions to Pay' 'actual Authority and Ostensible Authority' 'ticket Sale Proceeds' 'election Between Remedies' 'cumulative Remedies' 'interference With Contractual Relations']
['equity' 'agency' 'property Law' 'civil Procedure' 'contract Law'] ['assignment or Charge of Property' 'irrevocable Directions to Pay' 'actual Authority and Ostensible Authority' 'ticket Sale Proceeds' 'election Between Remedies' 'cumulative Remedies' 'interference With Contractual Relations']

Case Brief

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Procedural Posture

Civil Appeal and Cross Appeal / Appeal From Decision of the Equity Division of the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether Mr Denison or UAE Presents Pty Ltd had authority to deal with ticket sale proceeds from The Jacksons' concerts on behalf of UAERJ Pty Ltd." 'Whether irrevocable directions to pay given to the Perth, Wollongong and Brisbane venues assigned or charged ticket sale proceeds in favour of Jupiters Ltd.' 'Whether UAERJ Pty Ltd was precluded from withdrawing the purported irrevocable directions to pay before they were acted upon.' "Whether UAERJ Pty Ltd's District Court proceedings against Mr Denison and UAE Presents Pty Ltd amounted to an election precluding its claims to ticket sale proceeds." "Whether Jupiters Ltd's claim for interference with contractual relations could succeed."]

Ratio Decidendi

Jupiters Ltd had no entitlement to the Perth, Wollongong or Brisbane ticket sale proceeds because Mr Denison and UAE Presents Pty Ltd had no authority from UAERJ Pty Ltd to assign or charge those proceeds for Jupiters Ltd's benefit, UAERJ Pty Ltd made no representation to Jupiters Ltd clothing them with ostensible authority, and the purported irrevocable directions to pay were not contracts or effective deeds preventing withdrawal before payment. UAERJ Pty Ltd's District Court proceedings against Mr Denison and UAE Presents Pty Ltd did not amount to an election because its claims were cumulative, not alternative, and double recovery could be prevented.

Court Disposition

Appeal allowed; cross-appeal dismissed; Jupiters Ltd's claims to the ticket sale proceeds rejected.

Orders

  • ['Appeal allowed.' 'Cross-appeal dismissed.' 'Set aside Order 1 made in proceedings 2013/131366 on 23 October 2013.' 'Set aside Orders 1, 2 and 5 made in proceedings 2013/164924 on 23 October 2013.' "Judgment for the first, second, fifth, sixth and seventh defendants on Jupiters Ltd's claims against them in...