G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 14) [2024] NSWSC 747

Supreme Court New South Wales

Medium Neutral Citation: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 14) [2024] NSWSC 747 Hearing dates: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Discovering party to have option to serve affidavits setting out steps taken in relation to identified issues arising from discovery, absent which cross-examination on those issues of the deponents of affidavits of discovery to be permitted Catchwords: CIVIL PROCEDURE – discovery – affidavits of discovery – whether deponents of affidavits of discovery should be available for cross-examination Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Con Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1200 Dai v Zhu [2013] NSWCA 412 G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 6) [2022] NSWSC 628 Preston v Star City Pty Limited [2007] NSWSC 293 Procter v Kalivis [2009] FCA 1518; (2006) 263 ALR 461 Proctor & Gamble Australia Pty Ltd v Medical Research Pty Ltd [2001] NSWSC 183 Category: Procedural rulings Parties: G&S Engineering Services Pty Ltd (First Plaintiff/Cross-Defendant/Respondent) DRA Pacific Pty Ltd (Second Plaintiff/Cross-Defendant/Respondent) DRA Group Holdings (Pty) Ltd (Third Cross-Defendant/Respondent) DRA Global Limited (Fourth Cross-Defendant/Respondent) MACH Energy Australia Pty Ltd (First Defendant/Cross-Claimant/Applicant) MACH Mount Pleasant Operations Pty Ltd (Second Defendant/Cross-Claimant/Applicant) J.C.D. Australia Pty Ltd (Third Defendant/Cross-Claimant/Applicant) Representation: Counsel: T M Mehigan SC / D Johnson (Plaintiffs/Cross-Defendants/Respondents) E Ball (Defendants/Cross-Claimants/Applicants)