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ARTICLE · 03 DECEMBER 2018

Appeals: a useful lesson

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Parties should raise all relevant arguments at first instance, as they may not be able to raise new points on appeal.

AustraliaLitigation, Mediation & Arbitration
Sean Greenwood
Sean Greenwood
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The decision of PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 highlights the difficulty of raising new issues on appeal, in so far as a party will (generally) be bound by the way in which it conducted its case at first instance.

The facts

Bastow Civil Constructions Pty Ltd (Bastow) contracted with Ausgrid to undertake work that involved constructing trenches in public roads owned by Gosford City Council (Council), installing cable ducts in those trenches and backfilling and sealing trenches. Bastow subcontracted some of that work to PND Civil Group Pty Ltd (PND).

Bastow claimed that PND's work was defective and sued it in the District Court of New South Wales seeking damages.

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