Carpenter & Anor v Morris & Anor [2023] NSWCA 154

Carpenter & Anor v Morris & Anor [2023] NSWCA 154

The appeal succeeded in part because the primary judge had found that the additional monthly payments to Mr Morris were made from partnership moneys, Mr Morris had no entitlement to receive them, and no defence such as change of position, limitation or bona fide purchase for value without notice was pleaded; Tastex's failure to sue in the firm name was a procedural irregularity that should not defeat the claim. The contractual repudiation claim failed because the alleged implied term requiring Mr Morris to procure future mining or exploration approvals was neither necessary nor reasonable for the effective operation of the contract found or the contracts alleged, and the primary judge was...

Jurisdiction
Australia
Judgment Date
05 July 2023
Procedural Posture
Appeal From the Supreme Court of New South Wales, Equity Division / Court of Appeal Decision on Appeal
Outcome
Appeal allowed in part.
Legal Topics
['money Had and Received' 'partnership Moneys' 'unjust Enrichment' 'terms Implied in Fact' 'repudiation' 'quarrying Approvals']
['restitution' 'contract Law' 'partnership' 'mining Law'] ['money Had and Received' 'partnership Moneys' 'unjust Enrichment' 'terms Implied in Fact' 'repudiation' 'quarrying Approvals']

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Procedural Posture

Appeal From the Supreme Court of New South Wales, Equity Division / Court of Appeal Decision on Appeal

Legal Issues

  1. 1 ['Whether Mr Morris was liable to restore to Tastex half of the partnership moneys paid to him as money had and received.' 'Whether an action for money had and received was precluded because the appellants could have pleaded breach of fiduciary duty or knowing receipt.' 'Whether the alleged post-dissolution quarrying agreements included an implied term requiring Mr Morris to procure an exploration or mining licence as and when necessary.' 'Whether Mr Morris repudiated the quarrying agreement or future mining agreement by failing to obtain authorities for the quarrying venture to continue.']

Ratio Decidendi

The appeal succeeded in part because the primary judge had found that the additional monthly payments to Mr Morris were made from partnership moneys, Mr Morris had no entitlement to receive them, and no defence such as change of position, limitation or bona fide purchase for value without notice was pleaded; Tastex's failure to sue in the firm name was a procedural irregularity that should not defeat the claim. The contractual repudiation claim failed because the alleged implied term requiring Mr Morris to procure future mining or exploration approvals was neither necessary nor reasonable for the effective operation of the contract found or the contracts alleged, and the primary judge was...

Court Disposition

Appeal allowed in part.

Orders

  • ['Appeal allowed in part.' 'Set aside the orders of the court below made on 23 December 2021 so far as they concern the appellants and the respondents.' 'Set aside the orders made on 1 February 2022 so far as they concern the appellants and the respondents.' 'Within 14 days the appellants file and serve written...