RTA v Comerford [2001] NSWSC 293

New South Wales Supreme Court

CITATION : RTA v Comerford [2001] NSWSC 293 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 55034/98 HEARING DATE(S) : 2.5.01, 8.5. 01 JUDGMENT DATE : 17 May 2001

PARTIES : Roads & Traffic Authority of NSW -v- William Kevin Comerford & Ors JUDGMENT OF : Hunter J

COUNSEL : M Rudge SC & D A C Robertson (RTA) S Reuben (Messrs Comerford) SOLICITORS : I V Knight (Crown Solicitor) (RTA) Cordato Partners (Messrs Comerford) CATCHWORDS : Practice & procedure - report of referees - second reference - application for leave to adduce fresh evidence before judgment - principles applicable - application for leave to amend. Commonwealth Bank of Australia -v- Quade & Ors (1991) 178 CLR 134 CASES CITED : Super Pty Ltd -v- SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Leighton Contractors Pty Ltd -v- C E Heath Underwriting Services; Leighton Contractors Pty Ltd -v- Kinhill Engineers (1995) 8 ANZ Insurance Cases 61-231 Foxman Holdings Pty Ltd -v- NMBE Pty Ltd (1994) 38 NSWLR 615 DECISION : Application dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST HUNTER J THURSDAY 17 MAY 2001

55034/98 ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES -v- WILLIAM KEVIN COMERFORD & ORS

REASONS FOR JUDGMENT

1 The history of this litigation for present purposes is usefully set out in the reasons for judgment of the Court of Appeal of 8 December 2000, which is set out below for ease of reference: "3 On 6 January 1989 a road bridge forming part of the Mitchell Highway over the Macquarie River at Wellington collapsed. It was the property of the Roads and Traffic Authority of New South Wales ("the RTA"). The matter has been outstanding for so long that no further time should be taken by reserving judgment given that the case is one in which I have formed a firm view.