CMA Corporation Limited v SNL Group Pty Ltd [2012] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CMA Corporation Limited v SNL Group Pty Ltd [2012] NSWCA 138 Hearing dates: 2 May 2012 Decision date: 16 May 2012 Before: Basten JA at [1]; Barrett JA at [2]; Tobias AJA at [41] Decision: 1.Appeal dismissed. 2.Order that the appellants pay the respondent's costs of the appeal. [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: APPEAL AND NEW TRIAL - procedural fairness - primary judge proceeded on the basis that a binding contract existed - findings made with respect to consideration for contractual promises - such matters not expressly raised by the pleadings - whether lack of procedural fairness - trial in fact conducted on a basis going beyond the pleadings - parties expressly accepted in separate arbitration proceedings that they were bound by the relevant contract - no operative procedural fairness. Cases Cited: Friend v Brooker [2009] HCA 21; (2009) 239 CLR 129 Gould v Mount Oxide Mines Ltd [1916] HCA 81; (1916) 22 CLR 490 Re Walsh; Ex parte Deputy Commissioner of Taxation (1982) 60 FLR 355 SNL Group Pty Limited v CMA Corporation Limited [2011] NSWSC 464 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Category: Principal judgment Parties: CMA Corporation Limited - First Appellant CMA Peakmore Pte Ltd - Second Appellant SNL Group Pty Ltd - Respondent Representation: Mr D A McLure/Mr D T Scully - Appellants Mr C M Harris SC - Respondent Norton White - Appellants Colin Biggers & Paisley - Respondent File Number(s): CA 2011/188535 Decision under appeal Citation: SNL Group Pty Limited v CMA Corporation Limited [2011] NSWSC 464 Date of Decision: 2011-05-20 00:00:00 Before: Sackar J File Number(s): 2010/259019