Public Transport Ticketing Corporation v Integrated Transit Solutions Limited [2010] NSWSC 120

New South Wales Supreme Court

CITATION : Public Transport Ticketing Corporation v Integrated Transit Solutions Limited [2010] NSWSC 120

HEARING DATE(S) : 18/2/2010, 19/02/2010 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 19 February 2010

DECISION : The application for leave to file a third cross-claim summons and list statement should be dismissed with costs and I so order. The costs that I have ordered include the reserved costs of the hearing on 9 December 2009.

CATCHWORDS : PRACTICE AND PROCEDURE – application for leave to file third cross-claim summons and list statement against three proposed cross-defendants – pleading issues – whether pleading of causation case offers demonstrable link between misleading or deceptive conduct alleged and damage claimed – whether loss of opportunity case fully and properly pleaded – where loss of opportunity alleged as particulars to generalised allegations of loss and damage – list statement contained allegations of evidentiary matters and not material facts – estoppel case not relevant to third proposed cross-defendant – whether allegations of estoppel against first cross-defendant sustainable as pleaded – application for leave dismissed.

LEGISLATION CITED : Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

CASES CITED : Shepherd v Felt and Textiles of Australia Limited (1931) 45 CLR 359

Public Transport Ticketing Corporation (Plaintiff/First Cross-Defendant) Integrated Transit Solutions Limited (First Defendant/Cross-Claimant) PARTIES : Vedelli Ltd (Second Defendant) State of New South Wales (Second Cross-Defendant) Hawker Britton Group Pty Ltd (Third Cross-Defendant)