BECA DEVELOPMENTS PTY LTD v IDAMENCO (NO 92) PTY LTD [NO 1] [1990] NSWCA 20

BECA DEVELOPMENTS PTY LTD v IDAMENCO (NO 92) PTY LTD [NO 1] [1990] NSWCA 20

The appellant should not be allowed to enlarge the grounds of appeal to raise fresh issues not litigated at trial, as to do so would cause procedural unfairness to the respondent and is impermissible according to established case law.

Parties
Appellant: BECA DEVELOPMENTS PTY LTD; Respondent: IDAMENCO (NO 92) PTY LTD
Jurisdiction
Australia
Judgment Date
09 October 1990
Procedural Posture
Appeal / Application for Leave to File Supplementary Notice of Appeal
Outcome
application refused
Legal Topics
Grounds of Appeal, Wrongful Lodgment of Caveat, Compensation Under Real Property Act
Practice and Procedure Real Property Grounds of Appeal Wrongful Lodgment of Caveat Compensation Under Real Property Act

Case Brief

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Parties

BECA DEVELOPMENTS PTY LTD

Appellant

IDAMENCO (NO 92) PTY LTD

Respondent

Procedural Posture

Appeal / Application for Leave to File Supplementary Notice of Appeal

Legal Issues

  1. 1 whether appellant should be permitted to enlarge the grounds of appeal by raising fresh issues not litigated at trial
  2. 2 whether compensation should be determined under s74P or s98 of Real Property Act 1900

Ratio Decidendi

The appellant should not be allowed to enlarge the grounds of appeal to raise fresh issues not litigated at trial, as to do so would cause procedural unfairness to the respondent and is impermissible according to established case law.

Court Disposition

application refused

Orders

  • Application for leave to file supplementary notice of appeal is refused.