Admiral I Pty Ltd v Leighton Contractors Pty Ltd [2005] NSWSC 1105

New South Wales Supreme Court

CITATION : Admiral I Pty Ltd v Leighton Contractors Pty Ltd [2005] NSWSC 1105

HEARING DATE(S) : 27/10/05

JUDGMENT DATE : 3 November 2005

Equity Division JURISDICTION : Technology and Construction List

JUDGMENT OF : Barrett J

DECISION : Order for trial of claims in summons separately from cross-claim. Defendant's application for stay dismissed.

CATCHWORDS : PROCEDURE - whether claims in summons should be tried separately from cross-claim - each involving same contract but separate allegations of modification by conduct at times two years apart - some commonality of witnesses whose credit might be attacked - further party added by cross-claim - cross-claim suitable for referal to referee - whether analogy with separate trial of liability and damages - PROCEDURE - application for stay where dispute resolution clause not observed - whether clause applicable - whether exception for "injunctive relief" activated - whether, in the circumstances, court would exercise discretion in support of the clause

ABB Engineering Construction Pty Ltd v Rail Freight Corporation [1999] NSWSC 1037 Australian National Industries Ltd v Spedley Securities Pty Ltd (1992) 26 NSWLR 411 Huddart Parker Ltd v The Ship Mill Hill (1950) 81 CLR 502 CASES CITED : Livesey v New South Wales Bar Association (1983) 151 CLR 288 Pioneer Park Pty Ltd v Australia and New Zealand Banking Group Ltd [2005] NSWSC 832 Tepko Pty Ltd v Water Board (2001) 206 CLR 1

Admiral I Pty Limited - First Plaintiff Admiral II Pty Limited - Second Plaintiff PARTIES : Admiral III Pty Limited - Third Plaintiff Leighton Contractors Pty Limited - Defendant