Heavy Plant Leasing Pty Ltd (In Liquidation) v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2023] NSWSC 634

Supreme Court New South Wales

Medium Neutral Citation: Heavy Plant Leasing Pty Ltd (In Liquidation) v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2023] NSWSC 634 Hearing dates: 5 June 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Settlement received by defendant from its principal to be deducted from defendant's claim against plaintiff for overheads and management Catchwords: DAMAGES – defendant's claim against plaintiff for cost to complete – where defendant settled claim against its principal – whether a component of that settlement duplicated defendant's claim against plaintiff – whether now open to plaintiff to contend that the entire settlement amount be deducted from defendant's claim against it – how the settlement amount is to be taken into account Cases Cited: BCI Finances Pty Ltd (in liq) v Binnetter (No 4) (2016) 348 ALR 227; [2016] FCA 1351 Boncristiano and Another v Lohmann and Others [1998] 4 VR 82; [1998] VSC 228 Ewin v Vergara (No 3) [2013] FCA 1311 Heavy Plant Leasing Pty Ltd (In Liquidation) v McConnell Dowell Constructors (Aust) Pty Ltd (No 2) [2022] NSWSC 1775 Kimberley Developments Pty Ltd v Bale [2023] NSWCA 25 Mainteck Services Pty Ltd v Stein Heurtey SA (2014) 89 NSWLR 633; [2014] NSWCA 184 Miletich v Merchie [2012] FCA 1013 Mills v Walsh [2022] NSWCA 255 Owners of Strata Plan 80458 v TQM Design & Construct Pty Ltd [2018] NSWSC 1304 Robinson v Harman (1848) 154 ER 363 SAS Trustee Corporation v Budd [2005] NSWCA 366 The Owners Corporation Strata Plan 70579 v Midwest Constructions Pty Ltd & Ors [2012] NSWSC 644 Townsend v Stone Toms & Partners (1984) 27 BLR 26 Category: Consequential orders Parties: Heavy Plant Leasing Pty Ltd (In Liquidation) (Plaintiff/Cross-Defendant) McConnell Dowell Constructors (Aust) Pty Ltd (Defendant/Cross-Claimant) Representation: Counsel: M Dempsey SC with M E Sheldon and W Marshall (Plaintiff/Cross-Defendant) D L Cook SC with T J Cogley and J A Wright (Defendant/Cross-Claimant)