McMahon Services Australia Pty Ltd v Howmet Systems Australia Pty Ltd, formerly Alcoa Australia Rolled Products Pty Ltd [2022] FCA 31

Federal Court of Australia

McMahon Services Australia Pty Ltd v Howmet Systems Australia Pty Ltd, formerly Alcoa Australia Rolled Products Pty Ltd [2022] FCA 31 File number: SAD 42 of 2021

Judgment of: BESANKO J

Date of judgment: 28 January 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application under r 16.45 of Federal Court Rules 2011 (Cth) for further particulars of two paragraphs in Defence — where applicant brings total cost claim against respondent in relation to decommissioning and demolition project — where in Statement of claim applicant alleges additional works it performed caused increased costs — where in Defence respondent pleads to applicant's allegation, alleging applicant mismanaged planning, timing and sequencing of project services and underestimated tender price and indicating particulars will be provided prior to hearing — where respondent has provided certain particulars in response to request by applicant — where respondent submits any further particulars should be provided after discovery and exchange of expert evidence — where respondent's solicitor affirmed affidavit deposing to categories of documents required from applicant in order for respondent to provide particulars to allegations in Defence — whether appropriate to make order sought by applicant — application dismissed

Legislation: Federal Court Rules 2011 (Cth) rr 16.08, 16.41, 16.45

Cases cited: Deemah Marble & Granite Pty Ltd (in liq) v Sutherland [2001] NSWSC 829 National Mutual Life Association of Australasia Ltd v Tolfield Pty Ltd (No 3) [2012] FCA 100; (2012) 201 FCR 261 Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 3) [2011] FCA 539 Trade Practices Commission v CC (NSW) Pty Ltd (No 4) [1995] FCA 1418; (1995) 58 FCR 426