High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Wynton Stone Australia Pty Ltd (in liq) v. MWH Australia Pty Ltd

Case No. M158/2010; M159/2010
Case information

Lower Court Judgment

21/09/2010 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Buchanan & Nettle JJA)

[2010] VSCA 245

Catchwords

Practice and procedure — Pleadings — Trial judge stated, without objection, that pleaded issues would be treated as abandoned if not run in final submissions — Whether respondent abandoned breach of warranty claim.

Trade and commerce — Misleading and deceptive conduct — Warranty — Whether statement of fact in warranty constituted misleading and deceptive conduct — Causation — Reliance — Inferred reliance — Whether causation able to be inferred in absence of direct evidence of reliance — Gould v Vaggelas (1985) 157 CLR 215; Campbell v Backoffice Investments Pty Ltd [2010] VSCA 245.

Contracts — Construction and interpretation — Intention of parties — Deed of Novation — Whether release of "all claims and demands whatsoever in respect of the contract" intended to cover breaches of contract occurring before date of Deed — Application of "business commonsense point of view" where language not ambiguous on its face.

Short Particulars

Documents

01/12/2010 Application for special leave to appeal

11/03/2011 Hearing (SLA, Melbourne)

08/04/2011 Written submissions (Applicant)

08/04/2011 Chronology

02/05/2011 Written submissions (Respondent)

09/05/2011 Reply

08/06/2011 Hearing (Full Court, Canberra) (Special leave refused with costs)