Wright v Lend Lease Building Pty Ltd; Intercon Engineering Pty Ltd v Lend Lease Building Pty Ltd [2014] NSWCA 463

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wright v Lend Lease Building Pty Ltd; Intercon Engineering Pty Ltd v Lend Lease Building Pty Ltd [2014] NSWCA 463 Hearing dates: 19 November 2014 Decision date: 23 December 2014 Before: Beazley P at [1]: Macfarlan JA at [60]; Emmett JA at [61] Decision: (1) Leave for the appellants to amend their notices of appeal refused; (2) 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: CONTRACTS - construction and interpretation of contracts - construction of sub-contracts by reference to head contract - commercial purpose of head contract and sub-contracts - whether words of contract can be supplied, admitted or corrected to avoid commercial absurdity Cases Cited: Austra Tanks Pty Ltd v Running [1982] 2 NSWLR 840 Bank of Queensland Ltd v Chartis Australia Insurance Ltd [2013] QCA 183 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 Mackay v Dick (1881) 6 App Cas 251 Mainteck Services Pty Limited v Stein Heurtney SA [2014] NSWCA 184; 310 ALR 113 National Australia Bank Ltd v Clowes [2013] NSWCA 179; 8 BFRA 600 Suttor v Gundowda Pty Ltd [1950] HCA 35; 81 CLR 418 Category: Principal judgment Parties: CA 145289/2014 Christopher John Wright and Cathy Maree Wright (Appellants) Lend Lease Building Pty Ltd (Respondent)