Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2020] NSWSC 1847

Supreme Court New South Wales

Medium Neutral Citation: Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2020] NSWSC 1847 Hearing dates: On the papers; submissions 10, 14 and 15 December 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Applicant for leave to amend Technology and Construction List Statement allowed in part Catchwords: CIVIL PROCEDURE – pleadings – application for leave to amend List Statement – construction contract – misleading or deceptive conduct – proposed plea that had representations not been made, plaintiff would have submitted higher tender and that "if" defendant accepted that tender plaintiff would have entered contract with a higher price – no allegation as to whether defendant would have accepted the higher tender – whether pleading maintainable CIVIL PROCEDURE – pleadings – application for leave to amend List Statement – construction contract – proposed pleading that the matters represented were terms of the contract or that contract should be rectified to include such terms Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Cases Cited: MacDonald v Shinko Australia Pty Ltd [1999] 2 Qd R 152; [1998] QCA 53 Category: Procedural and other rulings Parties: Boulus Constructions Pty Ltd (Plaintiff) Warrumbungle Shire Council (Defendant) Representation: Counsel: Mr G Campbell (Plaintiff) Mr D D Feller SC (Defendant)

Solicitors: APJ Law (Plaintiff) Vincent Young Lawyers (Defendant) File Number(s): 2018/340246