G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 4) [2021] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 4) [2021] NSWSC 1052 Hearing dates: 19 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Equity - Technology and Construction List Before: Williams J Decision: See paragraph [69] Catchwords: PRACTICE AND PROCEDURE – strike out application – application to strike out paragraph of the cross-claim containing allegations of fraud – whether allegations of fraud have been properly pleaded and particularised – requisite degree of specificity and particularity PRACTICE AND PROCEDURE – application for leave to amend paragraphs of the cross-claim containing allegations of fraud – whether proposed amendments properly plead and particularise fraud Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 ('Australian Consumer Law'), ss 18, 236 Practice Note SC Eq 3 Cases Cited: Derry v Peek (1889) 14 App Cas 337 Forrest v Australian Securities and Investment Commission (2012) 247 CLR 486; Stewart v The Australia and New Zealand Banking Group Ltd [2020] NSWSC 1787 Nadinic v Drinkwater (2017) 94 NSWLR 518 YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2019] NSWCA 110 Category: Procedural rulings Parties: G&S Engineering Services Pty Ltd (First Plaintiff/ First Cross-Defendant) DRA Pacific (Second Plaintiff / Second Cross-Defendant) MACH Energy Australia Pty Ltd (First Defendant / First Cross-Claimant) MACH Mount Pleasant Operations (Second Defendant / Second Cross-Claimant) J.C.D Australia Pty Ltd (Third Defendant / Third Cross-Claimant) Representation: Counsel: Mr M Christie SC and Mr B Kremer (Plaintiffs/Cross-Defendants) Mr D Miller SC and Ms N Simpson (Defendants/Cross-Claimants)