Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay - SC CIV 7/2004

Media releases

Summary

Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.

Result

A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E.  The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F.  Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar.  The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000.  Costs in the High Court are to remain as fixed by that court. 6 September 2006

Hearing Transcripts

Related Documents

Supreme court decision — Minute granting leave (PDF 12 KB)

Supreme court decision — FAY V CHIRNSIDE AND RATTRAY PROPERTIES LTD SC SC CIV 7/2004 [] (PDF 16 KB)

Leave judgment - leave granted — CHIRNSIDE And Anor V Fay SC CIV 7/2004 [22 September 2005] (PDF 14 KB)

Substantive judgment — CHIRNSIDE And Anor v FAY SC CIV 7/2004 [6 September 2006] (PDF 577 KB)