Chengcheng (Aust) Enterprise Melbourne Pty Ltd v Mansfield Corporation Pty Ltd [2018] NSWCA 244

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chengcheng (Aust) Enterprise Melbourne Pty Ltd v Mansfield Corporation Pty Ltd [2018] NSWCA 244 Hearing dates: 12 September 2018 Date of orders: 26 October 2018 Decision date: 26 October 2018 Before: Macfarlan JA at [1]; Ward JA at [2]; Sackville AJA at [87] Decision: 1. Leave to file an amended defence in the District Court proceedings be refused and appeal be dismissed with costs. 2. Application for leave to cross-appeal be refused with costs. Catchwords: CONTRACTS – Interpretation – Design and construction contract – Where clause provided contractor entitled to reimbursement of loss or expense at specified daily rate if progress of works was delayed or disrupted by "a Variation" – Whether primary judge should have held clause not applicable because there was no actual delay to works where an extension of time had been approved or because there was already agreement as to the cost consequences of the variation – Held there was no error in primary judge's interpretation – Appeal dismissed

CIVIL PROCEDURE – Originating process – Application for leave to amend defence – Leave refused – No question of principle

CIVIL PROCEDURE – Court of Appeal – Application for leave to cross-appeal – Leave refused – No question of principle Cases Cited: Dutton v O'Shane (2003) 132 FCR 352; [2003] FCAFC 195 Mansfield Corporation Pty Ltd v Chengcheng (Aust) Enterprise Melbourne Pty Ltd [2018] NSWDC 12 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35 Texts Cited: I N D Wallace, Hudson's Building and Engineering Contracts (12th Ed, 2010, Thomson Reuters) Category: Principal judgment Parties: Chengcheng (Aust) Enterprise Melbourne Pty Ltd (Appellant) Mansfield Corporation Pty Ltd (Respondent) Representation: Counsel: JJ Loofs SC with K Young (Appellant) T Lynch SC with I Leong (Respondent)