Heckenberg anor v Delaforce [2000] NSWCA 137

Heckenberg anor v Delaforce [2000] NSWCA 137

There was a total failure of consideration as the respondent did not receive the agreed 20% shareholding in Port Macquarie Concrete nor a 20% interest in the quarry lease. Payment of royalties to the respondent stemmed from a subsequent agreement and did not constitute part performance of the first deed. The pre-conditions for restitution were met.

Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['failure of Consideration' 'total Failure of Consideration' 'restitution' 'contract Performance' 'default Provisions' 'share Transfer' 'assignment of Leasehold Interest']
['contract Law' 'restitution'] ['failure of Consideration' 'total Failure of Consideration' 'restitution' 'contract Performance' 'default Provisions' 'share Transfer' 'assignment of Leasehold Interest']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was a total failure of consideration under the first deed' 'Whether the payment of royalties or purported share allotment constituted part performance of the first deed' 'Whether restitution is available where there is alleged partial performance']

Ratio Decidendi

There was a total failure of consideration as the respondent did not receive the agreed 20% shareholding in Port Macquarie Concrete nor a 20% interest in the quarry lease. Payment of royalties to the respondent stemmed from a subsequent agreement and did not constitute part performance of the first deed. The pre-conditions for restitution were met.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']