CONNELL v DFC of T

Judges: Franklyn J
Owen J

Parker J

Court:
Full Court of the Supreme Court of Western Australia

Judgment date: 24 May 1996

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Parker J

I have had the advantage of reading the reasons of Franklyn J.

I agree with the conclusion of his Honour, and with one reservation his reasons for that conclusion, that on the proper construction of the Main Deed the settlement sum there provided for is payable to the Connells in their capacity of partners in the partnership of LR Connell & Partners.

The reservation mentioned relates to the reliance of his Honour on the testimony of Mrs Connell and the inference he draws from that.

Because of the view I have reached as to the proper construction of the Main Deed I express no view about, or as to matters relating to, the Supplemental Deed.

On this basis I agree with Franklyn J that the appeal should be upheld, and that the findings or judgements of the learned trial Judge numbered (1), (2), (3) and (4), but not (5), as set out in the Notice of Appeal should be set aside, and that orders or declarations should be made in the terms sought in paragraphs (a), (c) and (d) of the Notice of Appeal, but not that sought as an alternative to (a) in para (b).