McDonald Contracting Pty Ltd v Fletcher Construction (Australia) Ltd

McDonald Contracting Pty Ltd sought leave to appeal against a decision of the primary judge concerning a dispute with Fletcher Construction (Australia) Ltd. The core of the disagreement related to the quantity of work performed under a contract, and whether this performance constituted a repudiation of the contract by Fletcher Construction.

The Court of Appeal was required to determine whether to grant leave to appeal. This involved considering whether there was a reasonably arguable case that the primary judge had erred in finding that Fletcher Construction's actions did not amount to a repudiation of the contract, and whether the doctrine of estoppel had been correctly applied.

The Court ultimately refused leave to appeal. While the precise reasoning is not detailed in the provided text, the refusal suggests that the Court found no reasonably arguable ground for appeal, implying that the primary judge's findings on the quantity of work, repudiation, and estoppel were considered to be sound.