The White Ant Co Pty Ltd v Robson [2015] NSWCA 345

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The White Ant Co Pty Ltd v Robson [2015] NSWCA 345 Hearing dates: 7 October 2015 Date of orders: 10 November 2015 Decision date: 10 November 2015 Before: Macfarlan JA at [1]; Gleeson JA at [2]; Emmett AJA at [3] Decision: 1 Revoke leave to appeal insofar as the appeal relates to the quantification of damages.

2 The appeal be allowed.

3 The orders of the District Court on 22 December 2014 be set aside.

4 In lieu of the orders made by the District Court, the following orders be made:

(a) The proceedings brought by the plaintiffs against the defendant be dismissed with costs.

(b) The cross-claim be dismissed and there be no order as to costs of the cross-claim. Catchwords: CONTRACT – construction – whether the liability provision of a deed could be enlivened otherwise than by the operation of other provisions of the deed – whether the plaintiffs at trial had pleaded that the defendant was liable on some basis other than the terms of the deed Category: Principal judgment Parties: The White Ant Co Pty Ltd (Appellant) Michael Robson (First Respondent) Judith Robson (Second Respondent) Representation: Counsel: Mr C Johnstone (Appellant) Mr D Grieve QC with Ms C Smith (Respondents)

Solicitors: Pikes & Verekers Lawyers (Appellant) Somerville Laundry Lomax (Respondents) File Number(s): 2015/14881 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: Robson & Robson v The White Ant Company Pty Ltd [2014] NSWDC 251 Date of Decision: 22 December 2014 Before: Neilson DCJ File Number(s): 2011/101316