PPK Willoughby Pty Ltd v Roads and Maritime Services [2014] NSWSC 407

Supreme Court New South Wales

Medium Neutral Citation: PPK Willoughby Pty Ltd v Roads and Maritime Services [2014] NSWSC 407 Hearing dates: 11 February 2013 Decision date: 09 April 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)Refuse summary dismissal in favour of the Crown defendants; (2)Under Rule 14.28(1)(c) strike out the whole of the pleadings and particulars appearing in the statement of claim filed on 25th May 2012 so far as it relates to a claim against the State of New South Wales or any manifestation of the Crown in the right of New South Wales; (3)Grant leave to the plaintiff to file an amended statement of claim within 28 days of today, naming Roads and Maritime Services and the Minister administering the Environmental Planning and Assessment Act as defendants in addition to the partners of HWL Ebsworths and repleading its claims for damages, or equitable compensation, against the additional defendants for misleading and deceptive conduct, in contract, for negligence, and actionable estoppel by representation in accordance with the rules; (4)The notice of motion of 2nd November 2012 is otherwise dismissed; (5)The notice of motion of 23rd November 2012 is otherwise dismissed; (6)Costs are costs in the cause; (7)The parties to have liberty to apply on three days written notice to the Associate to Campbell J in respect of the costs order. (8)List for directions before the Common Law Case Management Registrar on Monday 12th May 2014 at 9 am. Catchwords: PROCEDURE - civil - summary disposal - demurrer - whether there is more than a fanciful prospect of success - misleading and deceptive conduct - whether defendant engaged in trade or commerce PROCEDURE - civil - documents or pleadings - strike out ; application to - defective pleadings Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60; Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Trade Practices Act 1974 Cases Cited: Bond Corp Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 215; Banqu Commerciale v Akhil Holdings (1990) 169 CLR 279; CJD Equipment v A&C Constructions [2009] NSWSC 1362; Cubic Transport Systems Inc v State of New South Wales [2002] NSWSC 656; Dare v Pulham (1982) 148 CLR 658; Hughes Aircraft Systems International v. Air Services Australia (1997) 76 FCR 151; JS McMillan Pty Ltd & Ors v Commonwealth of Australia (1997) 77 FCR 337; Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; McGuirk v. University of New South Wales [2009] NSWSC 1424; O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71; Pratt Contractors Ltd v. Palmerston North City Council [1995] 1NZLR 469; State Transit Authority v Australian Jockey Club [2003] NSWSC 726; Transit New Zealand v Pratt Contractors Ltd [2002] 2 NZLR 313; Wardley Australia Limited v Western Australia (1992) 175 CLR 514; Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 Category: Interlocutory applications Parties: PPK Willoughby Pty Ltd (plaintiff) Roads and Maritime Services (second defendant) Minister administering the Environmental Planning and Assessment Act (third defendant) Representation: RG Kaye SC with M Seek (plaintiff) R Lancaster SC with A Shearer (second and third Defendants) Coleman Greig Lawyers (plaintiff) Crown Solicitors (second and third defendants) File Number(s): 2012/163736