Best Care Foods Limited v Origin Energy LPG Limited & Anor [2009] NSWSC 1134

New South Wales Supreme Court

CITATION : Best Care Foods Limited v Origin Energy LPG Limited & Anor [2009] NSWSC 1134

HEARING DATE(S) : 22/10/09

JUDGMENT DATE : 23 October 2009

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : See paragraph 26

CATCHWORDS : Case Management - Application to disallow party from relying on evidence

CATEGORY : Procedural and other rulings

CASES CITED : Aon Risk Services Australia Limited v Australian National University [2009] HCA 27

Best Care Foods Limited (Plaintiff) Origin Energy LPG Limited (First Defendant) PARTIES : Origin Energy Retail Limited (Second Defendant) Vimchest Pty Limited (Second Cross Defendant to First Cross Claim) Wesmartin Pty Limited (Cross Defendant to Second Cross Claim)

FILE NUMBER(S) : SC 50170/05

Mr ML Williams SC, Mr SA Lawrance (Plaintiffs COUNSEL : Mr BG Smith, Ms MA Kumar (Defendants) Mr P Bennett (Second Cross-Defendant to First Cross) Mr AP Coleman (Cross Defendant to Second Cross Defendant)

McCabe Terrill (Plaintiff) SOLICITORS : HWL Ebsworth (Defendants) Holman Webb (Second Cross Defendant to First Cross Claim) Kennedys (Cross Defendant to Second Cross Claim)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Friday 23 October 2009

50170/05 Best Care Foods Limited v Origin Energy LPG Limited (formerly Boral Gas (NSW) Pty Limited) & Anor JUDGMENT The notices of motion 1 There are three notices of motion before the court:

i. The first motion pursued by the plaintiff seeks leave to rely upon the reports of Mr Donnelly and Mr Kerruish;