QLDQCA

Johnstone v Knight [2006] QCA 322

[2006] QCA 322

Court of Appeal (Qld)|2006-08-30|Before: de Jersey CJ, McMurdo P and Jerrard JASeparate, reasons for judgment of each member of the Court, each concurring as to the, order made

View on Queensland Judgments (Supreme Court Library Queensland)

At a glance

Source facts

Court

Court of Appeal (Qld)

Decision date

2006-08-30

Before

de Jersey CJ, McMurdo P and Jerrard JASeparate, reasons for judgment of each member of the Court, each concurring as to the, order made

Catchwords

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND
INTERPRETATION OF CONTRACTS – OTHER MATTERS –
applicant deposited
$30,000 into a futures trading account supervised by the respondent according a

Source

Original judgment source is linked above.

Catchwords

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION ANDINTERPRETATION OF CONTRACTS – OTHER MATTERS –applicant deposited$30,000 into a futures trading account supervised by the respondent according awritten agreement – accountbalance suffered substantial losses –District Court Judge construed the written contract as a promise to repay$30,000 fromthe balance of the trading account rather than simply a promise torepay the moneys lent – whether District Court Judge erredin construingthe written contractDistrict Court of Queensland Act 1967 (Qld), s 118(3)CodelfaConstruction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337,citedPickering v McArthur [2005] QCA 294Appeal No 4013 of 2005, 16August 2005, appliedToll (FGCT) v Alphapharm Pty Ltd (2004) 219 CLR 165[2004] HCA 52,considered

Footnotes

¹ Appeal No 4013 of 2005, 16 August 2005.

² [2005] QCA 294 at [3].

³ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [15].

⁴ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [18].

⁵ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [19].

⁶ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [25].

⁷ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [29].

⁸ Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [31] – [32].

⁹ Winks v WH Heck & Sons Pty Ltd [1986] 1 Qd R 226 at 233.

¹⁰ [2004] HCA 52.

¹¹ (2004) 208 ALR 213; 78 ALJR 1045.

¹² (2004) 219 CLR 165 at 179 at paragraph [40].

¹³ Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 at 352, per Mason J.

¹⁴ DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 at 429 per Stephen, Mason and Jacobs JJ.

Footnotes

Appeal No 4013 of 2005, 16 August 2005. ↩
[2005] QCA 294 at [3]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [15]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [18]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [19]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [25]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [29]. ↩
Quoted at Johnstone v Knight (unreported, District Court at Brisbane, Brabazon DCJ, BD No. 91 of 2005, 12 May 2006), at [31] – [32]. ↩
Winks v WH Heck & Sons Pty Ltd [1986] 1 Qd R 226 at 233. ↩
[2004] HCA 52. ↩
(2004) 208 ALR 213; 78 ALJR 1045. ↩

Johnstone v Knight [2006] QCA 322

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment

Footnotes

Parties

Cases Cited (4)