MENCZER v BRUINSMA [1996] NSWCA 358

MENCZER v BRUINSMA [1996] NSWCA 358

The 1993 deed did not abrogate the 1980 deed as both could operate according to their terms, and the phrase 'Mother's monies' in the 1993 deed was not ambiguous, so extrinsic evidence was inadmissible. Award of indemnity costs was proper as no appealable error in the trial judge's exercise of discretion was shown.

Parties
Appellant: Grace Menczer; Respondent: Margaret Sanders Bruinsma
Jurisdiction
Australia
Judgment Date
07 August 1996
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Interpretation of Instruments, Admissibility of Extrinsic Evidence, Deeds, Costs
Contract Law Property Law Interpretation of Instruments Admissibility of Extrinsic Evidence Deeds Costs

Case Brief

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Parties

Grace Menczer

Appellant

Margaret Sanders Bruinsma

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 1993 deed abrogated the 1980 deed
  2. 2 Whether the trial judge erred in awarding the respondent indemnity costs

Ratio Decidendi

The 1993 deed did not abrogate the 1980 deed as both could operate according to their terms, and the phrase 'Mother's monies' in the 1993 deed was not ambiguous, so extrinsic evidence was inadmissible. Award of indemnity costs was proper as no appealable error in the trial judge's exercise of discretion was shown.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Costs order made by Justice Windeyer maintained