G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 12) [2024] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 12) [2024] NSWSC 552 Hearing dates: 8 May 2024 Decision date: 10 May 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Defendants/Cross-Claimants given leave to file and serve Fourth Further Amended Cross-Claim List Statement; parties to confer and agree on proposed revised directions needed to ready matter for trial Catchwords: CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where cross-claimants allege that but for cross-defendants' alleged misleading or deceptive conduct it would have engaged alternative contractor to construct coal handling plant in accordance with number of counter factual circumstances – where cross-defendants' experts identified factual operational matters that would allegedly also occur in the counterfactual circumstances – where cross-defendants amended their Cross-Claim Response to reflect these matters – where cross-claimants seek to amend Cross-Claim List Statement to meet that claim – where cross-claimants' current case might fail absent such amendment – where trial date imminent – whether directions can be made to ensure cross-defendants not prejudiced Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Cases Cited: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 6) [2022] NSWSC 628 Category: Procedural rulings Parties: G&S Engineering Services Pty Ltd (First Plaintiff/First Cross-Defendant) DRA Pacific Pty Ltd (Second Plaintiff/Second Cross-Defendant) DRA Group Holdings (Pty) Ltd (Third Cross-Defendant) DRA Global Limited (Fourth Cross-Defendant) MACH Energy Australia Pty Ltd (First Defendant/First Cross-Claimant) MACH Mount Pleasant Operations Pty Ltd (Second Defendant/Second Cross-Claimant) J.C.D. Australia Pty Ltd (Third Defendant/Third Cross-Claimant) Representation: Counsel: M Lyons / D Johnson (Plaintiffs/Cross-Defendants/Respondents) N Kidd SC / M Doyle (Defendants/Cross-Claimants/Applicants)