NSW Caselaw
New South Wales Court of Appeal
Etlis & Anor v New Age Constructions (NSW) Pty Ltd & Anor [2005] NSWCA 165 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 February, 2005
JUDGMENT DATE: 16 May 2005
JUDGMENT OF: Handley JA at 1; Hodgson JA at 69; Brownie AJA at 91
DECISION: Appeal dismissed with costs.
CATCHWORDS: APPEAL - decision adopting report of referee - error established - respondent entitled to raise new point of law relevant to exercise of Court's powers - BUILDING & ENGINEERING CONTRACTS - "Plain English Building Agreement" - 11th ed of Housing Industry Association - clause 6 - extensions of time - D
Supreme Court Act 1970 LEGISLATION CITED: Supreme Court Rules 1970
Green v Sommerville (1979) 141 CLR 594 Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749 Nine Network Pty Ltd v Kennedy Miller Television Pty Ltd (NSWCA, unreported, 8 June 1994) CASES CITED: O'Brien v Komesaroff (1982) 150 CLR 310 Super Pty Ltd v S J P Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418
Robert Etlis & Lana Etlis (Appellants) PARTIES: New Age Constructions (NSW) Pty Ltd (First Respondent) John Carollo (Second Respondent)
FILE NUMBER(S): CA 40957/03
M Christie/D S Weinberger (Appellants) COUNSEL: I H Bailey SC/A Matalani (Respondents)
Hunt & Hunt (Appellants) SOLICITORS: Yandell Wright Stell (Respondents)
LOWER COURT JURISDICTION: District Court
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