Taouk v Assure (NSW) Pty Ltd [2017] NSWCA 227

Taouk v Assure (NSW) Pty Ltd [2017] NSWCA 227

The Variation Deed, properly construed in context, did not fundamentally alter settlement of project financial arrangements or create a right for Mr Taouk to reimbursement for contributions; it merely adjusted the calculation and timing of the Consideration Amount. Procedural fairness required that Mr Taouk have an opportunity to contest quantum before judgment was entered on the cross-claim; thus, the judgment sum was set aside to permit this, but other aspects of the appeal were dismissed.

Parties
Appellant: Joseph Taouk; Respondent: Assure (NSW) Pty Limited
Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Appeal / Judgment on Appeal From Orders of Supreme Court of New South Wales, Equity Division, and Cross Claim
Outcome
Appeal allowed in part.
Legal Topics
Construction of Contract, Variation of Agreement, Guarantee and Indemnity, Procedural Fairness, Separate Questions Procedure, Reimbursement for Financial Contributions, Cross Claim Liability
Contract Law Civil Procedure Construction of Contract Variation of Agreement Guarantee and Indemnity Procedural Fairness Separate Questions Procedure Reimbursement for Financial Contributions +1 more

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Parties

Joseph Taouk

Appellant

Assure (NSW) Pty Limited

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Orders of Supreme Court of New South Wales, Equity Division, and Cross Claim

Legal Issues

  1. 1 Whether the Variation Deed entitled Mr Taouk to reimbursement for monetary contributions to the project
  2. 2 Proper construction of cl 2 of the Variation Deed
  3. 3 Whether the appellant was denied procedural fairness by entry of judgment on cross-claim before opportunity to dispute quantum

Ratio Decidendi

The Variation Deed, properly construed in context, did not fundamentally alter settlement of project financial arrangements or create a right for Mr Taouk to reimbursement for contributions; it merely adjusted the calculation and timing of the Consideration Amount. Procedural fairness required that Mr Taouk have an opportunity to contest quantum before judgment was entered on the cross-claim; thus, the judgment sum was set aside to permit this, but other aspects of the appeal were dismissed.

Court Disposition

Appeal allowed in part.

Orders

  • Grant leave to appeal to extent necessary to orders of 23 May 2017.
  • Note Mr Taouk's Amended Notice of Appeal dated 26 June 2017.