Slee v Warke [1949] HCA 57

Slee v Warke [1949] HCA 57

The evidence does not establish a mutual mistake sufficient to justify rectification or refusal of relief, and the unilateral mistake of the appellants in executing the documents as written, not contributed to by the respondent and not amounting to hardship or injustice, does not bar a declaration entitling the...

Source-derived case information.

Parties
Appellant: Leslie James Slee and Violetta Slee; Respondent: Veronica Doreen Warke
Jurisdiction
Australia
Judgment Date
06 December 1949
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Rectification of Contract, Mistake—mutual and Unilateral, Specific Performance, Declaratory Judgment, Damages
Contract Rectification of Contract Mistake—mutual and Unilateral Specific Performance Declaratory Judgment Damages

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Parties

Leslie James Slee and Violetta Slee

Appellant

Veronica Doreen Warke

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a contract can be rectified for mistake where the written instrument differs from the alleged common intention
  2. 2 Whether unilateral mistake not contributed to by the other party is a bar to specific performance or a declaration of right
  3. 3 Whether the form of the option granted in the lease could be enforced as written given the defendant’s unilateral mistake

Ratio Decidendi

The evidence does not establish a mutual mistake sufficient to justify rectification or refusal of relief, and the unilateral mistake of the appellants in executing the documents as written, not contributed to by the respondent and not amounting to hardship or injustice, does not bar a declaration entitling the respondent to require transfer on exercise of the option per the contract’s terms.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs. Declaration stands that respondent is entitled to require sale in accordance with lease terms.