Donovan Oates v Reid; Botman Holdings v Donovan Oates [2009] NSWSC 221

New South Wales Supreme Court

CITATION : Donovan Oates v Reid; Botman Holdings v Donovan Oates [2009] NSWSC 221 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 01/09/2008 - 04/09/2008; 14/10/2008

JUDGMENT DATE : 1 April 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

1) In proceedings 16028 of 2005, the cross-claimant's application for leave to file a Second Further Amended First Cross-Claim is dismissed. DECISION : 2) In proceedings 16028 of 2005, the application to file an Amended Defence is dismissed. 3) In proceedings 20232 of 2006, the plaintiff's application for leave to file a Second Further Amended Statement of Claim is dismissed. 4) In both matters, I direct the parties to approach the list office for a date for the hearing on damages.

CATCHWORDS : COMMON LAW - CONTRACTS - variation - mortgagor gave undertaking to Land and Environment Court - whether mortgagee could demand compliance with undertaking as a condition of advancing progress payment - whether mortgagee could impose further conditions at its sole discretion - COMMON LAW - CONTRACTS - breach - whether mortgagee's refusal to advance progress payment amounted to breach of contract - COMMON LAW - CONTRACTS - offer and acceptance - whether there was a binding renewal of loan - COMMON LAW - CONTRACTS - construction and interpretation of contracts - effect of incorporating letter of offer into mortgage - whether letter of offer constituted a series of discrete offers or whether single approval and settlement process was contemplated - COMMON LAW - PRACTICE AND PROCEDURE - refusal of application to amend pleadings