NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 2) [2021] NSWSC 892 Hearing dates: 22 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: Application for leave to amend and separate determination of claims raised by the proposed amendments dismissed. Catchwords: CIVIL PROCEDURE – Practice and procedure – Plaintiff's application for leave to amend and for determination of claims raised by proposed amendments separately after conclusion of trial commencing imminently – proposed separate question formulated in the most general terms and incapable of more detailed formulation at this time – overlap between matters to be determined in forthcoming trial and issues raised by proposed amendments – defendant undertakes not to take any Anshun point in any fresh proceeding commenced in respect of the proposed amendments – application dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: MP Water Pty Ltd v Veolia Water Australia Pty Ltd [2021] NSWSC 582 Category: Procedural rulings Parties: MP Water Pty Ltd (Plaintiff) Veolia Water Australia Pty Ltd (Defendant) Representation: Counsel: Mr J Hutton with Mr W Marshall (Plaintiff) Mr M Ashhurst SC with Ms J Wright and Mr F Anwar (Defendant)
Solicitors: Gilbert + Tobin (Plaintiff) Norton Rose Fulbright Australia (Defendant) File Number(s): 2021/138389 Publication restriction: N/A
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