Woodchem Australia Pty Limited v D & R Henderson Pty Ltd [2020] NSWSC 1250

Supreme Court New South Wales

Medium Neutral Citation: Woodchem Australia Pty Limited v D & R Henderson Pty Ltd [2020] NSWSC 1250 Hearing dates: 6 April 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff's notice of motion filed 31 January 2020 is dismissed. (2) The plaintiff is to pay the defendant's costs on an ordinary basis. (3) The matter is listed before the registrar at 9.00 am for a directions hearing on 28 September 2020. Catchwords: PRACTICE AND PROCEDURE – Application for summary dismissal – Uniform Civil Procedure Rules 2005 (NSW) r 14.28 – Whether to strike out paragraphs of defence and cross claim Application for separate determination of questions – r 28.4 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 60, 62 Competition and Consumer Act 2010 (Cth), ss 62, 87 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 14.29, 28.4 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Southwell v Bennett [2010] NSWSC 1372 Szanto v Bainton [2011] NSWSC 985 Category: Procedural and other rulings Parties: Woodchem Australia Pty Ltd (Plaintiff) D & R Henderson Pty Ltd (Defendant) Representation: Counsel: G McGrath SC with E Glover (Plaintiff) M White SC with M Rose (Defendant)