Multiplex Constructions Pty Ltd v Irving

Multiplex Constructions Pty Ltd and Fugen Pty Ltd appealed to the New South Wales Court of Appeal against orders made by a trial judge in favour of Mr Irving. The dispute concerned the assessment of damages for future economic loss and superannuation on future economic loss. Royal was also involved in the appeals.

The primary legal issue before the Court of Appeal was whether it should permit Multiplex and Fugen to raise a new argument concerning the calculation of future economic loss after the trial judge had delivered judgment but before formal orders were entered. The court also had to determine the correct assessment of future economic loss and superannuation on future economic loss.

The Court of Appeal held that the policy of finality of litigation generally precluded the introduction of new arguments at such a late stage, particularly when the argument could have been raised at trial. The court therefore dismissed the appeals as against Royal. However, the court allowed the appeals as against Mr Irving, varying the trial judge's orders by substituting specific sums for future economic loss and superannuation on future economic loss. The court also entered judgment in favour of Mr Irving against Multiplex and in favour of Multiplex against Fugen for a specified amount, and made orders regarding the costs of the appeals.