Optus v Leighton & Ors [2002] NSWSC 325

New South Wales Supreme Court

CITATION : Optus v Leighton & Ors [2002] NSWSC 325 CURRENT JURISDICTION: Equity Division Construction List FILE NUMBER(S) : SC 55059/97 HEARING DATE(S) : JUDGMENT DATE : 24 April 2002

First Plaintiff: Optus Networks Pty Limited Second Plaintiff: Optus Systems Pty Limited Fourth Plaintiff: Optus Vision Pty Limited Fifth Plaintiff: Optus Communications Pty Limited PARTIES : First Defendant: Leighton Contractors Pty Limited Second Defendant: Norman Disney & Young & Partners Pty Limited Third Defendant: Tyco Australia Pty Limited Sixth Cross-claimant: EMAE Pty Limited Fifth Cross-claimant: The WorkCover Authority of New South Wales JUDGMENT OF : Hunter J

Plaintiffs: P Greenwood SC; P Durack; S Climpson First Defendant: P Garling SC; R Pepper COUNSEL : Second Defendant: S Robb QC; G Ellis Third Defendant: N Hutley SC; J Lockhart Sixth Cross-claimant: G Downes QC; N Kidd Fifth Cross-claimant: S Donaldson SC Plaintiffs: Minter Ellison Lawyers First Defendant: Moray & Agnew SOLICITORS : Second Defendant: Colin Biggers & Paisley Third Defendant: Blake Dawson Waldron Sixth Cross-claimant: Allen Allen &Hemsley Fifth Cross-claimant: Phillips Fox CATCHWORDS : Practice and Procedure - leave to amend - "unavailability" of witness during giving of evidence - discretion as to incomplete evidence - ss 135, 136 Evidence Act 1995. LEGISLATION CITED : Evidence Act 1995 (NSW) CASES CITED : Ordukaya v Hicks [2000] NSWCA 180 DECISION : Leave to amend granted conditionally - Evidence admitted in accordance with reasons for judgment. Costs of application and of adjornment be costs in the proceedings.