Pluim Constructions Pty Ltd v Tuggerah Business Park Pty Ltd & Ors [1996] FCA 1201

Pluim Constructions Pty Ltd v Tuggerah Business Park Pty Ltd & Ors [1996] FCA 1201

The application for leave to appeal must be refused because there was no reasonable cause to believe, on the material before the Court and on the submissions advanced, that the applicant was entitled to any relief beyond damages or quantum meruit. The judge was not required to consider unargued forms of relief.

Parties
Applicant: Pluim Constructions Pty Limited; First Respondent: Tuggerah Business Park Pty Limited; Second Respondent: Terrace Tower Group Pty Limited; Third Respondent: Terrace Tower Pty Limited; Fourth Respondent: Patrick Houlahan; Fifth Respondent: Patrick Houlahan and Associates Pty Limited; Sixth Respondent: Raorerny J_S Nominees Pty Limited; Seventh Respondent: Lanlex No 117 Pty Limited; Eighth Respondent: Vincent Trad
Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal From Dismissal of Preliminary Discovery Application
Outcome
Leave to appeal refused
Legal Topics
Preliminary Discovery, Leave to Appeal, Building Contract Dispute
Civil Procedure Commercial Law Preliminary Discovery Leave to Appeal Building Contract Dispute

Case Brief

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Parties

Pluim Constructions Pty Limited

Applicant

Tuggerah Business Park Pty Limited

First Respondent

Terrace Tower Group Pty Limited

Second Respondent

Terrace Tower Pty Limited

Third Respondent

Patrick Houlahan

Fourth Respondent

Patrick Houlahan and Associates Pty Limited

Fifth Respondent

Raorerny J_S Nominees Pty Limited

Sixth Respondent

Lanlex No 117 Pty Limited

Seventh Respondent

Vincent Trad

Eighth Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal From Dismissal of Preliminary Discovery Application

Legal Issues

  1. 1 Whether the primary judge erred in dismissing the application for preliminary discovery under Order 15A rule 6
  2. 2 Whether the primary judge should have considered the prospects of injunctive or other non-monetary relief under the Trade Practices Act or Fair Trading Act

Ratio Decidendi

The application for leave to appeal must be refused because there was no reasonable cause to believe, on the material before the Court and on the submissions advanced, that the applicant was entitled to any relief beyond damages or quantum meruit. The judge was not required to consider unargued forms of relief.

Court Disposition

Leave to appeal refused

Orders

  • The application for leave to appeal is refused.
  • The applicant is to pay the costs of the first to seventh respondents, to be taxed if not agreed.