Damien v JKAM Investments Pty Ltd [2015] NSWCA 368

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Damien v JKAM Investments Pty Ltd [2015] NSWCA 368 Hearing dates: 12 November 2015 Decision date: 26 November 2015 Before: Gleeson JA at [1] Simpson JA at [2] Tobias AJA at [3] Decision: Appeal dismissed with costs. Catchwords: CONTRACT – respondent seeks to enforce alleged building work debt – identity of contracting entity in dispute – whether primary judge erred in finding that the appellant had contracted with Architectural Collections Pty Ltd (ACPL) – whether use of post-contractual conduct permissible - whether debt validly assigned by ACPL to the respondent

PROCEDURE – whether primary judge erred by not allowing the appellant to tender email correspondence Cases Cited: Brambles Holdings Pty Ltd v Bathurst City Council [2001] NSWCA 61; 53 NSWLR 153 Champion Homes Sales Pty Ltd v JKAM Investments Pty Ltd [2014] NSWSC 952 Codelfa Construction Pty Ltd v State Railway Authority of NSW (1982) 149 CLR 337 JKAM Investments Pty Ltd v Damien [2015] NSWSC 272 Category: Principal judgment Parties: Karl Damien (Appellant) JKAM Investments Pty Ltd (Respondent) Representation: Counsel: J Cohen (Appellant) G D McDonald (Respondent)

Solicitors: Duffy Law Group (Appellant) JK Solicitors (Respondent) File Number(s): 2015/106460 Publication restriction: Not Applicable Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Civil Citation: [2015] NSWSC 272 Date of Decision: 20 March 2015 Before: Rein J File Number(s): 2014/21077; 2014/22761