ROBINSON v CAMPBELL [1992] NSWCA 215

ROBINSON v CAMPBELL [1992] NSWCA 215

The appeal was dismissed because insisting upon contribution by Mr Campbell would result only in ultimately returning the same amount to him by indemnity, generating an unnecessary circuity of action; equity abhors such circuity and does not enforce it.

Parties
Appellant: Mr and Mrs Robinson; Respondent: Mr Campbell
Jurisdiction
Australia
Judgment Date
17 September 1992
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Specific Performance, Partition Agreement, Mortgage Liability, Contribution and Indemnity, Circuity of Action
Equity Property Law Specific Performance Partition Agreement Mortgage Liability Contribution and Indemnity Circuity of Action

Case Brief

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Parties

Mr and Mrs Robinson

Appellant

Mr Campbell

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent is liable to contribute half of an amount secured on a property he no longer has an interest in under the partition agreement
  2. 2 Whether a court should order specific performance of clause 6 of the partition agreement

Ratio Decidendi

The appeal was dismissed because insisting upon contribution by Mr Campbell would result only in ultimately returning the same amount to him by indemnity, generating an unnecessary circuity of action; equity abhors such circuity and does not enforce it.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.