Able Door Services Pty Ltd v Lowe

Able Door Services Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of a trial judge. The dispute concerned remedies awarded by the trial judge on a basis not pleaded by the respondent, Mr Lowe, nor the subject of evidence presented at the hearing.

The primary legal issue before the Court of Appeal was whether the trial judge had erred by introducing a new issue after judgment had been reserved, amending the respondent's application, and awarding remedies on a basis that had not been litigated by the parties. The Court was also required to consider the principles governing the limitation of issues on a new trial.

The Court of Appeal found that the trial judge had impermissibly introduced a new basis for relief after the close of evidence and submissions, without affording the appellant an opportunity to address it or present evidence in response. This fundamentally altered the case that the appellant had defended. The Court reiterated the principle that parties are generally bound by their pleadings and that a court should not grant relief on a basis not sought or canvassed during the trial.

The appeal was allowed, the decision of the trial judge was set aside, and a re-hearing of the matter before another judge was ordered.