Lake Macquarie City Council v Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd t/as Steelstone) (No 2) [2024] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Lake Macquarie City Council v Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd t/as Steelstone) (No 2) [2024] NSWSC 1131 Hearing dates: 11 December 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: (1) Grant the plaintiff leave to file and serve an Amended Summons in the form served on 29 November 2024. (2) Grant the plaintiff leave to file and serve a Third Amended List Statement in the form served on 29 November 2024, save for the following proposed amendments: (a) the amendments to paragraph [C10]; (b) the amendments in the chapeau of paragraph [C32]; and (c) the addition of the words "or the plaintiff's own losses" in paragraph [C33(a)]. (3) The plaintiff is to pay the defendant's costs thrown away by reason of the amendments. (4) The plaintiff is to file and serve the Amended Summons and Third Amended List Statement by 13 December 2024. (5) The defendant is to file and serve its List Response to the Third Amended List Statement by 31 January 2025. (6) Otherwise dismiss the plaintiff's Notice of Motion filed on 2 December 2024 with costs. Catchwords: CIVIL PROCEDURE – pleadings – amendment – late application for amendment to Summons and List Statement – where hearing date recently vacated and matter referred out for determination – where no explanation offered for belated application to amend – where amendment would significantly expand plaintiff's case – where defendant would be obliged to engage in factual investigation to meet proposed amended claim Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Cases Cited: Pacific Resources International Pty Ltd v UTI (Aust) Pty Ltd; Brackley Industries Pty Ltd v UTI (Aust) Pty Ltd [2012] NSWSC 1274 Category: Procedural rulings Parties: Lake Macquarie City Council (Plaintiff) Newcastle Resources Pty Ltd (formerly known as SCE Resources Pty Ltd t/as Steelstone) (Defendant) Representation: Counsel: L Shipway / F Anwar (Plaintiff) D A Lloyd SC / J Adamopoulos (Defendant)