Agusta Pty Limited v Provident Capital Limited [2008] NSWCA 234

Agusta Pty Limited v Provident Capital Limited [2008] NSWCA 234

Leave was refused because the issue sought to be raised on appeal had not been raised at trial and was not merely a point of law; if raised at trial it would likely have caused an amendment to plead a quantum meruit claim and would have involved factual questions about whether the defendants received any benefit.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Application for Leave to Appeal / Summons in Court of Appeal From District Court Decision
Outcome
The summons is dismissed with costs.
Legal Topics
['new Issue on Appeal' 'quantum Meruit' 'factual Issue Not Raised at Trial' 'leave to Appeal']
['civil Procedure' 'appeal'] ['new Issue on Appeal' 'quantum Meruit' 'factual Issue Not Raised at Trial' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Summons in Court of Appeal From District Court Decision

Legal Issues

  1. 1 ['Whether leave should be granted to raise on appeal an issue not raised at trial.' 'Whether the proposed issue was a point of law only or would have involved factual issues, including a possible quantum meruit claim and whether any benefit had been received by the defendants.']

Ratio Decidendi

Leave was refused because the issue sought to be raised on appeal had not been raised at trial and was not merely a point of law; if raised at trial it would likely have caused an amendment to plead a quantum meruit claim and would have involved factual questions about whether the defendants received any benefit.

Court Disposition

The summons is dismissed with costs.

Orders

  • ['The summons is dismissed with costs.']