Caboolture Park Shopping Centre Pty Limited v White Industries (Qld) Pty Limited [1989] FCA 880

JUDGMENT No. com Wh Fh bG

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) No. QG198 of 1986 ) )

GENERAL DIVISION

BETWEEN:

CABOOLTURE PARK SHOPPING CENTRE PTY. LIMITED

* , . Applicant AND:

WHITE INDUSTRIES (QLD) PTY. LIMITED

FEDERAL COURT. Respondent OF AUSTRALIA

4 FEB 2004

AND:

WHITE INDUSTRIES (QLD) PTY. LIMITED

First Cross-Claimant

AND:

CABOOLTURE PARK SHOPPING CENTRE PTY. LIMITED

First Cross—Respondent

COURT: SHEPPARD, BURCHETT and GUMMOW JJ.

DATE : 8 FEBRUARY 1989

REASONS FOR JUDGMENT

SHEPPARD J.: This is an application for leave to appeal against an interlocutory judgment of a judge of this Court (Ryan J.) which was delivered on 9 December last. The judgment was delivered in relation to an application to amend a statement of defence to a cross-claim in long-running litigation between the parties, which is concerned with the amount which should be paid

to the respondent for building work done by it for the applicant

2.

in the construction of a shopping centre.

His Honour refused to allow a further amendment to the

defence which was formulated in a paragraph numbered 37 which was

as follows:-

"237. Save as aforesaid,and excepting those items of work expressly admitted in the Scott Schedule delivered * herein by the cross-respondent, the cross—respondent:-—

(a) Denies that the cost of the items of work claimed in paragraph 30 of the Amended Defence and Cross Claim was a provisional sum, or an adjustment thereto, to which paragraph 4.03.03 applied;

(b) Denies that the items of work, the cost of which is claimed in paragraph 30 (of the statement of cross-claim) were undertaken pursuant to the instruction of the Architect as required by Clause 4.03.03;

(c) Denies that the items of work, the cost of which is claimed in paragraph 30, are items of work to which paragraph 4.03.03 applies; af