Admiral 1 Pty Limited & Ors v Leighton Contractors Pty Limited [2006] NSWSC 30

New South Wales Supreme Court

CITATION : Admiral 1 Pty Limited & Ors v Leighton Contractors Pty Limited [2006] NSWSC 30

HEARING DATE(S) : 3/02/06

JUDGMENT DATE : 3 February 2006

JURISDICTION : Equity Division Technology and Construction

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 02/03/2006

DECISION : Application to set aside separate question orders of Barrett J made on 3 November 2005 dismissed. Allow amendments to amended defence and cross claim on terms. Order that the separate question trial embrace issues raised by amendments to the cross claim.

CATCHWORDS : Practice and Procedure - Application to vary interlocutory orders of another Judge - Separate question orders

Admiral 1 Pty Limited (First Plaintiff) PARTIES : Admiral 11 Pty Limited (Second Plaintiff) Admiral 111 Pty Limited (Third Plaintiff) Leighton Contractors Pty Limited (Defendant)

FILE NUMBER(S) : SC 55061/05

COUNSEL : Mr D Miller (Plaintiffs) Mr M Pembroke SC, Mr S Kerr (Defendant)

SOLICITORS : Blake Dawson Waldron (Plaintiffs) Mallesons Stephen Jaques (Defendant)

LOWER COURT DATE OF DECISION : 02/03/2006

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

Einstein J

Friday 3 February 2006 ex tempore Revised 6 February 2006

55061/05 Admiral 1 Pty Limited and Ors v Leighton Contractors Pty Limited JUDGMENT The Notice of Motion 1 There is before the Court a notice of motion filed by the defendant on 22 December 2005 seeking leave to amend its amended defence and its cross-claim and seeking that there be decided separately from any other question and before further trials in the proceedings a question formulated in the following way: