Catchwords:

CIVIL PROCEDURE – amendment – where appellant sought leave at conclusion of trial to add a claim not previously pleaded – where request made on the day after trial for consent orders giving leave to amend – where request to make the consent orders was refused by primary judge without hearing further from the parties – where proposed amended pleading extremely late, internally inconsistent and without clear prospects of success – no material denial of procedural fairness

BUILDING AND CONSTRUCTION – appeal against refusal of appellant builder’s claim for lost profits following termination of fixed-price residential building contract – where appellant asserted it would have achieved a profit margin of 15% on the balance of the contract price – no evidence adduced of appellant’s actual likely costs of completing the works – claim not established