YTO Construction Pty Ltd v Innovative Civil Pty Ltd

[2019] NSWCA 110

NSW Court of Appeal

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Interrogate

Catchwords

1. Civil Procedure
2. › Pleadings
3. › Fraud
4. › Whether fraud sufficiently pleaded
5. › Whether appellant departed from pleaded case in closing submissions
6. › Whether primary judge erred in dismissing claim without addressing substance of evidence
1. Civil Procedure
2. › Pleadings
3. › Fraud
4. › Falsity of representation
5. › Whether it was necessary to prove that all loads were not GSW or only that some were not
6. › Logical requirements for falsifying a universal representation
1. Building and Construction
2. › Security of Payment
3. › Adjudication determination
4. › Setting aside for fraud
5. › Whether adjudication determination procured by fraud
6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 20(2B)
1. Equity
2. › Fraud
3. › Elements of fraud
4. › Knowledge of falsity
5. › Whether representor honestly believed representation to be true in sense understood by representor
6. › Requirement to plead knowledge or recklessness as to falsity

Quick Take

To falsify a representation that each of a number of items has a particular characteristic, it is sufficient to establish that one or more items did not have that characteristic; it is not necessary to prove that none did. A submission about the method of proof (e.g., documentary evidence rather than physical assessment) is not a departure from a pleaded case.