GC Group Company Pty Ltd v Bingo Holdings Pty Ltd (No 2) [2020] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: GC Group Company Pty Ltd v Bingo Holdings Pty Ltd (No 2) [2020] NSWSC 1360 Hearing dates: 02 October 2020 Date of orders: 06 October 2020 Decision date: 06 October 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to amend Technology and Construction List Response refused Catchwords: CIVIL PROCEDURE – pleading – alleged apportionable claim – whether adequately pleaded –where defendants seek to identify a class of 710 concurrent wrongdoers without alleging which of the 710 has caused the loss of which the plaintiff complains and without having a basis to assert that any one of the 710 caused the loss of which the plaintiff complains – whether an abuse of process – whether necessary to plead that plaintiff has cause of action against concurrent wrongdoer Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth), Sch 2 ('Australian Consumer Law') Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Chan v Acres [2015] NSWSC 1885 CJD Equipment Pty Ltd v A&C Constructions Pty Ltd [2009] NSWSC 1362 Darling Downs Foods Pty Ltd v Bovis Lend Lease Pty Ltd [2010] QSC 409 GC Group Company Pty Ltd v Bingo Holdings Pty Ltd [2020] NSWSC 598 Hunt & Hunt v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613; [2013] HCA 10 Liprini v Hale [2020] NSWCA 130 Rahme v Benjamin & Khoury Pty Ltd (2019) 100 NSWLR 550; [2019] NSWCA 211 Tomlinson v Ramsey Food Processing Pty Ltd 256 CLR 507; [2015] HCA 28 Trajkovski v Simpson [2019] NSWCA 52 Woodhouse v Fitzgerald and McCoy (No 2) [2020] NSWSC 450 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515; [2004] HCA 16 Category: Consequential orders (other than Costs) Parties: GC Group Company Pty Ltd (Plaintiff) Bingo Holdings Pty Ltd (First Defendant) Bingo Recycling Pty Ltd (Second Defendant) Bingo Waste Services Pty Ltd (Third Defendant) Wollongong Recycling (NSW) Pty Ltd (Fourth Defendant) Representation: Counsel: F Corsaro SC and D Byrne (Plaintiff) P W Larkin SC and S Ross (Defendants)