Grandfield Homes (Kenton) Ltd. (Appellant) appealed a decision in a real estate transaction dispute with Xiao Lu Chen (Respondent). The Appellant sought a declaration that the Respondent breached a purchase agreement and to retain the deposits paid.
The Appellant also sought a trial for additional damages beyond the deposits, which was not explicitly stated in the notice of application or evidenced in the pleadings.
Key Points:
The Appellant argued that the application judge erred in not granting a trial for additional damages and claimed that this relief was implicit in their pleadings.
The Court of Appeal upheld the application judge’s decision, emphasizing that lawsuits must be decided within the pleadings' boundaries, and the Appellant did not adequately plead or provide evidence for the claim for additional damages.
Outcome:
The Court of Appeal dismissed the appeal, confirming that the Appellant did not sufficiently plead or argue for the additional damages during the application process.
The Appellant was ordered to pay the Respondent's partial indemnity costs of the appeal amounting to $17,000.
