SOLAH BLUE METAL PTY LTD v TECMA PTY LTD [1995] NSWCA 440

SOLAH BLUE METAL PTY LTD v TECMA PTY LTD [1995] NSWCA 440

The alleged obligation for the defendant to act as consultant engineer to advise generally on configuration was not pleaded or particularised; thus the referee was not obliged to address it, and the judge's failure to give reasons for rejecting the submission was immaterial.

Parties
Appellant: Solah Blue Metal Pty Ltd; Respondent: Tecma Pty Ltd
Jurisdiction
Australia
Judgment Date
19 April 1995
Procedural Posture
Appeal / Judgment on Appeal From Adoption of Referee's Report
Outcome
Appeal dismissed with costs.
Legal Topics
Reference to Referee, Adoption of Referee's Report, Obligation to Give Reasons, Pleading and Particulars, Contractual Obligations
Practice and Procedure Commercial Law Reference to Referee Adoption of Referee's Report Obligation to Give Reasons Pleading and Particulars Contractual Obligations

Case Brief

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Parties

Solah Blue Metal Pty Ltd

Appellant

Tecma Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Adoption of Referee's Report

Legal Issues

  1. 1 Whether the referee misinterpreted pleadings and particulars in reporting on contractual obligations
  2. 2 Whether referee and judge failed to address issues presented on pleadings
  3. 3 Whether there was failure to give reasons requiring intervention

Ratio Decidendi

The alleged obligation for the defendant to act as consultant engineer to advise generally on configuration was not pleaded or particularised; thus the referee was not obliged to address it, and the judge's failure to give reasons for rejecting the submission was immaterial.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.