29 Jun 2011
CARR and CARR v AMBLER HOMES LTD HC AK CIV-2009-404-000093
- Citation
- openlaw-b1e52658_378f_4f02_80b4_8a03f5098064.pdf
- Court
- High Court
Leave to appeal was refused because Ambler failed to establish any evidential foundation that the Carrs conceded the statement of claim could be read as a claim under the written contract as varied; without that foundation the proposed questions were hypothetical, not legally significant for further appeal, and permitting the amendment would cause prejudice and require a rehearing; accordingly no proper basis existed to grant leave under s67 Judicature Act 1908 and controlling authorities.