Bingo Holdings Pty Ltd v GC Group Company Pty Ltd [2021] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bingo Holdings Pty Ltd v GC Group Company Pty Ltd [2021] NSWCA 184 Hearing dates: 10 August 2021 Date of orders: 10 August 2021 Decision date: 23 August 2021 Before: Meagher JA, Payne JA, Brereton JA Decision: (1) Dismiss the summons seeking leave to appeal filed 19 April 2021. (2) Order the applicants pay the costs of the summons. Catchwords: CIVIL PROCEDURE – pleadings – amendment – where applicant sought to plead an apportionable claim under s 34 of the Civil Liability Act 2002 (NSW) – where Part VIA of the Competition and Consumer Act 2010 (Cth) was the relevant statutory scheme – application for leave to appeal dismissed CIVIL PROCEDURE – pleadings – amendment – where applicant did not identify any particular "concurrent wrongdoer" Legislation Cited: Civil Liability Act 2002 (NSW), Part 4, s 34 Competition and Consumer Act 2010 (Cth), Part VIA, ss 87CB, 87CC, 87CD, 87CE, 87CF, 87CG, 87CH, 87CI, Schedule 2, ss 18, 54, 55, 56 Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Cth) Trade Practices Act 1974 (Cth) Cases Cited: Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd (2007) 164 FCR 450; [2007] FCA 1216 F.Y.D. Investments Pty Ltd v Promptair Pty Ltd (No 2) [2019] FCA 419 HSD Co Pty Ltd v Masu Financial Management Pty Ltd [2008] NSWSC 1279 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613; [2013] HCA 10 Johnson v Mackinnon [2021] NSWCA 152 Permanent Custodians Limited v King [2010] NSWSC 509 The Owners Strata Plan v Brookfield Multiplex Limited [2010] NSWSC 360 The Owners – Strata Plan No 87265 v Saaib [2021] NSWSC 150 Ucak v Avante Developments Pty Ltd [2007] NSWSC 367 Wells v McBrine (1988) 54 DLR (4th) 708; (1988) CanLII 3087 (BC CA) Woodhouse v Fitzgerald [2021] NSWCA 54 Texts Cited: J L R Davis, Inquiry into the Law of Joint and Several Liability (Report of Stage Two), (January 1995) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 23 October 2002 Category: Principal judgment Parties: Bingo Holdings Pty Ltd (First Applicant) Bingo Recycling Pty Ltd (Second Applicant) Bingo Waste Servies Pty Ltd (Third Applicant) Wollongong Recycling (NSW) Pty Ltd (Fourth Applicant) GC Group Company Pty Ltd (Respondent) Representation: Counsel: P W Larkin SC with T To and A L Jucha (Applicants) F Corsaro SC with D Byrne (Respondent)