Hopper v Campbell

The appeal in *Hopper v Campbell* concerned a dispute between the appellant, Mr Hopper, and his former employer, Campbell. Mr Hopper alleged that a contract had been formed or clarified at a meeting, and subsequently confirmed by conduct, which entitled him to an increased salary for a fixed term and a profit share. The primary judge had rejected this claim.

On appeal, the central legal issue was whether Mr Hopper should be permitted to raise a more limited contractual claim for the first time. This involved considering whether such a claim had been adequately pleaded or advanced at the trial, and the principles governing the introduction of new arguments on appeal.

The Court of Appeal, comprising Bathurst CJ, Meagher and Payne JJA, dismissed the appeal. Their Honours found that the limited contract claim had not been raised at first instance, either in the pleadings or during the conduct of the trial. Consequently, the Court declined to permit Mr Hopper to pursue this new argument on appeal.

The appeal was dismissed with costs.