NSW Caselaw
New South Wales Court of Appeal
CITATION: Illawarra Hotel Company Pty Ltd v Walton Construction Pty Ltd [2009] NSWCA 61 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 May 2009
JUDGMENT DATE: 12 May 2009
JUDGMENT OF: McColl JA at 1; Macfarlan JA at 17
EX TEMPORE JUDGMENT DATE: 12 May 2009
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: PROCEDURE – Supreme Court procedure – New South Wales – application for leave to appeal against refusal of leave to amend pleadings – cross-claim by applicant to recover damages for delay of works on hotel premises – applicant leased premises to third parties – claim for loss of rent by reference to lease – application to add alternative claim based on loss of profits – whether amendment lacked factual foundation – whether claim for loss of profits not open due to lease
CATEGORY: Procedural and other rulings
Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 CASES CITED: Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528 Walton Construction Pty Limited v Illawarra Hotel Company Pty Limited [2008] NSWSC 1248.
PARTIES: Illawarra Hotel Company Pty Ltd - Applicant Walton Construction Pty Ltd - Respondent
FILE NUMBER(S): CA 40027/09
COUNSEL: R A Parsons - Applicant M R Gracie - Respondent
SOLICITORS: Norbert Lipton & Co - Applicant Crisp Legal - Respondent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 55011/08
LOWER COURT JUDICIAL OFFICER: McDougall J
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