Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd) v Certain Underwriters at Lloyd’s Syndicate CVS 1919 subscribing to policies numbered LS00100XL, LS00100BU and STA0222BU (No 2) [2022] NSWSC 1600

Supreme Court New South Wales

Medium Neutral Citation: Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd) v Certain Underwriters at Lloyd's Syndicate CVS 1919 subscribing to policies numbered LS00100XL, LS00100BU and STA0222BU (No 2) [2022] NSWSC 1600 Hearing dates: 14 November 2022; further submissions received 16 and 17 November 2022 Date of orders: 23 November 2022 Decision date: 23 November 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Application to reopen refused; declarations made to give effect to the principal judgment; defendants to pay half of the plaintiff's costs of the proceedings Catchwords: CIVIL PROCEDURE – final judgment delivered – application to reopen – plaintiff seeks to tender letter from solicitor of the plaintiff in underlying proceedings as to the claims made in those proceedings DECLARATIONS – declarations sought to give effect to reasons of the principal judgment Cases Cited: AXA Global Risks (UK) Ltd v Haskins Contractors Pty Ltd [2004] NSWCA 138 Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd) v Certain Underwriters at Lloyd's Syndicate CVS 1919 subscribing to policies numbered LS00100XL, LS00100BU and STA0222BU [2022] NSWSC 1485 Ranicar v Frigmobile Pty Ltd [1983] Tas R 113 Urban Transport Authority of New South Wales v Nweiser (1991) 28 NSWLR 471 VAW (Kurri Kurri) Pty Ltd v Scientific Committee (Established under s 127 of the Threatened Species Conservation Act 1995) (2003) 58 NSWLR 631; [2003] NSWCA 297 Category: Consequential orders Parties: Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd) (Plaintiff) Certain Underwriters at Lloyd's Syndicate CVS 1919 subscribing to policies numbered LS00100XL, LS00100BU and STA0222BU (First Defendant) Berkley Insurance Company trading as Berkley Insurance Australia (Second Defendant) Representation: Counsel: D A Lloyd SC with M F Newton (Plaintiff) S R Donaldson SC with N D Oreb (Defendants)