PROCEDURE - amendment of pleadings - whether the plaintiff is effectively seeking to amend its pleadings - whether an issue not squarely raised during the hearing as an alternative case to the plaintiff's primary case can be agitated following judgment.
PROCEDURE - conduct of litigation generally - whether the defendant's conduct amounts to an admission or a concession - whether the defendant is otherwise bound by his conduct by reason of preclusionary doctrines - whether the defendant is seeking to "approbate and reprobate".
CONTRACTS - assessment of damages - whether the court should "do the best it can" on the available evidence to assess damages - whether this principle is applicable in a case where the nature of the amount to be proven permits precise calculation but there is a lack of evidence.
Case Details
Citation[2013] NSWSC 1153
CourtNSWSC
JurisdictionNew South Wales
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