Williamson v Elders Rural Services Australia Ltd [2019] NSWCA 137

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Williamson v Elders Rural Services Australia Ltd [2019] NSWCA 137 Hearing dates: 5 June 2019 Decision date: 13 June 2019 Before: Leeming JA; White JA Decision: Summons seeking leave to appeal filed 12 March 2019 is dismissed with costs. Catchwords: LEAVE TO APPEAL – interlocutory decision to refuse amendment – amendment sought leave to advance claim for misleading and deceptive conduct – proceedings dismissed after trial based on fraudulent misrepresentation only – no challenge to final judgment – issue estoppels flowing from final judgment – leave refused Legislation Cited: Evidence Act 1995 (NSW), s 140 Limitations Act 1969 (NSW), ss 52, 55 Trade Practices Act 1974 (Cth), ss 52, 82 Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.6, 51.9, 51.10 Cases Cited: Blair v Curran (1939) 62 CLR 464 at 531-532; [1939] HCA 23 CEAL Ltd v Minister for Planning [2007] NSWLEC 302 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478; [2002] HCA 22 Hugh Francis Arthur Williamson v Elders Ltd [2016] NSWSC 450 Wardley v State of Western Australia (1992) 175 CLR 514 at 525; [1992] HCA 55 Williamson v Carneys Lawyers [2015] NSWSC 1080 Williamson v Elders Rural Services Australia Ltd (No 2) [2018] NSWSC 1986 Category: Principal judgment Parties: Hugh Francis Arthur Williamson (in person) (Applicant) Elders Rural Services Australia Ltd (Respondent) Representation: Counsel: