ABB v Freight Rail [1999] NSWSC 1037

New South Wales Supreme Court CITATION : ABB v Freight Rail [1999] NSWSC 1037 CURRENT JURISDICTION : Equity Division Commercial List FILE NUMBER(S) : 50076/1998 HEARING DATE(S) : 15/10/99 JUDGMENT DATE : 22 October 1999

PARTIES : ABB Engineering Construction Pty Limited - Plaintiff Freight Rail Corporation - Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr E. Lazarakis (Solicitor) - Plaintiff Mr M.J. Heath - Defendant SOLICITORS : Clayton Utz - Plaintiff Andersen Legal - Defendant CATCHWORDS : Consent application, pursuant to Part 31 rule 2, to have issue of liability heard separately and in advance of the issue of damages refused.; Reasons why, in the general run of cases, such applications should, in the exercise of discretion, be refused, explained.; Australian National Industries Limited v Spedley Securities Limited (in liq) (1992) 26 NSWLR considered. DECISION : Application refused.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

ROLFE J

FRIDAY, 22 OCTOBER 1999

50076/1998 - ABB ENGINEERING CONSTRUCTION PTY LIMITED v FREIGHT RAIL CORPORATION

JUDGMENT

HIS HONOUR:

Introduction 1 These proceedings were commenced by a Summons filed on 29 June 1998, which was amended by an Amended Summons filed on 18 December 1998 to which the defendant filed a Defence on 22 January 1999. By a Notice of Motion filed in Court on 24 September 1999 the defendant sought an order, pursuant to Part 31 rule 2, that the hearing of the issue of liability be heard separately from and in advance of that of quantum, to which order the plaintiff consented. The question is whether I should make the order. 2 Part 31 rule 2, provides:-