Hubbard v Cheah [2011] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hubbard v Cheah [2011] NSWCA 222 Hearing dates: 15 July 2011 Decision date: 01 August 2011 Before: Beazley JA at 1; Giles JA at 2; Hodgson JA at 8 Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - Interpretation - Provision of finance for development - Whether on true construction of contract principal repayable.

PROCEDURE - Pleading - Need to avoid surprise. Legislation Cited: Civil Procedure Act 2005 s 56 Uniform Civil Procedure Rules rr 14.11, 14.14 Category: Principal judgment Parties: appellant: Peter James HUBBARD first Respondent: Shaun Yin Thuan CHEAH second respondent: HPL DEVELOPMENTS PTY LIMITED third respondent: Warwick James LINDSAY Representation: appellant: M R Hall first respondent: G Carolan second and third respondent: No appearance appellant: Patey & Murphy first respondent: Hunter Family Law Centre second and third respondent: No appearance File Number(s): 2010/364894 Decision under appeal Citation: Cheah v HPL Developments Pty Limited & Ors [2010] NSWDC 221 Date of Decision: 2010-10-06 00:00:00 Before: Sidis DCJ File Number(s): 263 of 2008