McGrath v Rebuild Now Pty Ltd [2016] NSWSC 636

McGrath v Rebuild Now Pty Ltd [2016] NSWSC 636

The asserted disjunction between the plaintiff's name on the statement of claim and in the contracts is immaterial. The capacity to sue was made clear in the supporting documents, and no procedural unfairness arose from the form of pleading. Even if not addressed by the Magistrate, the point does not warrant overturning the decision.

Parties
First Applicant: Brian McGrath; Second Applicant: Natalie McGrath; Third Applicant: PWA Engineering Pty Ltd (ACN 164 409 572); Respondent: Rebuild Now Pty Ltd (ACN 159 680 047)
Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Appeals, Pleadings, Legal Capacity, Error of Law
Civil Procedure Appeals Pleadings Legal Capacity Error of Law

Case Brief

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Parties

Brian McGrath

First Applicant

Natalie McGrath

Second Applicant

PWA Engineering Pty Ltd (ACN 164 409 572)

Third Applicant

Rebuild Now Pty Ltd (ACN 159 680 047)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a disjunction between the description of the plaintiff in the title page of the statement of claim and the plaintiff in foundation contracts is a ground for allowing the appeal.
  2. 2 Whether failure by a Magistrate to address a legal submission constitutes an error of law.

Ratio Decidendi

The asserted disjunction between the plaintiff's name on the statement of claim and in the contracts is immaterial. The capacity to sue was made clear in the supporting documents, and no procedural unfairness arose from the form of pleading. Even if not addressed by the Magistrate, the point does not warrant overturning the decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Costs reserved.