Chilcotin Pty Ltd v Cenelage Pty Ltd

Chilcotin Pty Ltd (appellant) appealed to the New South Wales Court of Appeal against a decision of the primary judge concerning a dispute with Cenelage Pty Ltd (respondent). The nature of the dispute is not detailed in the provided text.

The central legal issue before the Court of Appeal was whether the appellant should be permitted to raise a new point on appeal that had not been taken or pursued at the trial. This involved considering the circumstances under which an appellate court may depart from the course adopted by the parties at the trial.

The Court of Appeal dismissed the appeal, finding that the appellant was not permitted to take the new point on appeal. The reasoning applied was that it would be unjust to allow the appellant to depart from the course adopted at trial, implying that the respondent would be prejudiced by the introduction of a new argument at this stage. The court upheld the decision of the primary judge.

The appeal was dismissed with costs.