CMA Corporation Ltd v SNL Group Ltd

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

CMA Corporation Limited v SNL Group Pty Ltd [2012] NSWCA 138

Hearing dates:

2 May 2012

Decision date:

16 May 2012

Before:

Basten JA at [1]; Barrett JA at [2]; Tobias AJA at [41]

Decision:

1.Appeal dismissed.

2.Order that the appellants pay the respondent's costs of the appeal.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

APPEAL AND NEW TRIAL - procedural fairness - primary judge proceeded on the basis that a binding contract existed - findings made with respect to consideration for contractual promises - such matters not expressly raised by the pleadings - whether lack of procedural fairness - trial in fact conducted on a basis going beyond the pleadings - parties expressly accepted in separate arbitration proceedings that they were bound by the relevant contract - no operative procedural fairness.

Cases Cited:

Friend v Brooker [2009] HCA 21; (2009) 239 CLR 129
Gould v Mount Oxide Mines Ltd [1916] HCA 81; (1916) 22 CLR 490
Re Walsh; Ex parte Deputy Commissioner of Taxation (1982) 60 FLR 355
SNL Group Pty Limited v CMA Corporation Limited [2011] NSWSC 464
Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141

Category:

Principal judgment

Parties:

CMA Corporation Limited - First Appellant
CMA Peakmore Pte Ltd - Second Appellant
SNL Group Pty Ltd - Respondent

Representation:

Mr D A McLure/Mr D T Scully - Appellants
Mr C M Harris SC - Respondent
Norton White - Appellants
Colin Biggers & Paisley - Respondent

File Number(s):

CA 2011/188535

 Decision under appeal 

Citation:

SNL Group Pty Limited v CMA Corporation Limited [2011] NSWSC 464

Date of Decision:

2011-05-20 00:00:00

Before:

Sackar J

File Number(s):

2010/259019

Judgment

1. BASTEN JA: The appeal should be dismissed with costs, for the reasons given by Barrett JA.

1. BARRETT JA: This appeal concerns the state of indebtedness of SNL Group Pty Ltd ("SNL") to CMA Corporations Ltd ("CMA") and its associated entity, CMA Peakmore Pte Ltd ("CMAP"). The other relevant entity is Guangxi Xialin Import and Export Co Ltd ("GX"). All relevant dealings were in United States currency, so that references in these reasons to sums of money are references to United States dollars.

1. In proceedings in the Equity Division of the Supreme Court, SNL sought, as principal relief, declarations that it was not indebted to CMA or CMAP in the sum of $525,888.38 or at all. By their cross-claim, CMA and CMAP claimed that SNL was indebted to CMA (or alternatively CMAP) in the sum of $525,888.38. The question whether that (or any) sum was owed by SNL to…