LCT-MRE Nominees Pty Ltd (as trustee of the LCT-MRE Trust and in its personal capacity) v Thiess Pty Ltd [2022] NSWSC 317

Supreme Court New South Wales

Medium Neutral Citation: LCT-MRE Nominees Pty Ltd (as trustee of the LCT-MRE Trust and in its personal capacity) v Thiess Pty Ltd [2022] NSWSC 317 Hearing dates: 7-8 March 2022; further submissions 11, 15 & 18 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiffs granted leave on terms to rely on further expert evidence Catchwords: PRACTICE AND PROCEDURE – whether expert evidence served permitted by earlier order – whether such evidence is evidence in chief – whether plaintiffs require and should be granted leave to rely on that evidence – on what terms should such leave be granted Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: LCT-MRE Nominees Pty Ltd (as trustee of the LCT MRE Trust and in its personal capacity) (First Plaintiff) LCT-MRE Pty Ltd (Second Plaintiff) Thiess Pty Ltd (First Defendant and First Cross-Claimant) John Holland Pty Ltd (Second Defendant and Second Cross-Claimant) CIMIC Group Ltd (Third Defendant) WSP Australia Pty Ltd formerly Parsons Brinckerhoff Australia Pty Limited (First Cross-Defendant) ACN 006 475 056 Pty Limited formerly Parsons Brinckerhoff International (Australia) Pty Limited (Second Cross-Defendant) Representation: Counsel: T Breakspear SC with L Shipway (Plaintiffs) P S Braham SC with N Simpson (Defendants) J Giles SC (First and Second Cross-Defendants)