MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 3) [2021] NSWSC 1023

Supreme Court New South Wales

Medium Neutral Citation: MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 3) [2021] NSWSC 1023 Hearing dates: 26, 27, 28 and 29 July 2021 Date of orders: 13 August 2021 Decision date: 13 August 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: See paragraph [391] Catchwords: CONTRACTS – construction of contracts for the design and construction of a water treatment facility and the provision of services in relation to that facility – alleged breaches of contracts – prevention principle – scope of assistance required to be provided by services provider to principal exercising step-in right following "Major Service Failure" PRACTICE AND PROCEDURE – plaintiff purported to withdraw certain claims for relief after judgment reserved following four day hearing – defendant did not consent to withdrawal or discontinuance of those claims – leave required to discontinue claims – unfairness to defendant if claim discontinued Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.1 Cases Cited: Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd [2021] VSCA 69 Cherry v Steele Park (2017) 96 NSWLR 548 Lawrence v Ciantar [2020] NSWCA 89 Lan v Kaymet Corporation Pty Ltd [2017] NSWCA 52 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd [2017] NSWCA 151 Re Mempoll Pty Ltd, Anankin Pty Ltd and Gold Kings Pty Ltd [2013] NSWSC 301 Category: Principal judgment Parties: MP Water Pty Ltd (ACN 621 777 320) in its capacity as trustee of the MP Water Trust (ABN 86 561 380 647) (Plaintiff) Veolia Water Australia Pty Ltd (Defendant Representation: Counsel: Mr J Giles SC with Mr J Hutton and Mr W Marshall Mr M Ashhurst SC with Ms J Wright and Mr F Anwar Solicitors: Gilbert + Tobin (Plaintiff) Norton Rose Fulbright Australia (Defendant) File Number(s): 2021/138389 Publication restriction: N/A