LCT-MRE Nominees Pty Ltd (as trustee of the LCT-MRE Trust and in its personal capacity) v Thiess Pty Ltd (No 2) [2022] NSWSC 969

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 (No 2) [2022] NSWSC 969 Hearing dates: 23 and 30 June and 7 July 2022 Decision date: 22 July 2022 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Grant leave to the plaintiffs to file an Amended Technology and Construction List Statement in the form provided to the Court on 11 July 2022 with the following paragraphs deleted: (a) Paragraph 69, particulars (i)(d)(1) and (2); (b) Paragraph 71B(d); (c) Paragraph 71F(c); (2) Reserve to the trial judge the question of when the amendments take effect; (3) Order that the plaintiffs pay the defendants' costs thrown away by reason of the amendments; (4) Order that the plaintiffs pay the defendants' and cross-defendants' costs of the motion filed on 7 June 2022. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Form and content of pleading — Whether proposed amendment alleges design deficiencies with sufficient clarity — Whether proposed amendments alleging certain other defects should be allowed where, had the allegations been made earlier, the defendants could have brought a cross-claim Cases Cited: LCT-MRE Nominees Pty Ltd (as trustee of the LCT-MRE Trust and in its personal capacity) v Thiess Pty Ltd [2022] NSWSC 317 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 | First Cross-Claimant) John Holland Pty Ltd (Second Defendant | Second Cross-Claimant) CIMIC Group Ltd (Third Defendant) WSP Australia Pty Ltd (First Cross-Defendant) ACN 006 475 056 Pty Limited (Second Cross-Defendant) ACN 061 447 621 Pty Limited (Third Cross-Defendant) GE Power NZ Holdings Pty Ltd (Fourth Cross-Defendant) UGL Rail Pty Ltd (Fifth Cross-Defendant) AECOM Services Pty Ltd (Sixth Cross-Defendant) Representation: Counsel: L Shipway (Plaintiffs) PS Braham SC (First to Third Defendants | First and Second Cross-Claimants) J Giles SC (First and Second Cross-Defendants) AF Girgis (Sixth Cross-Defendant)