Macmahon Mining Services v Cobar Management [2014] NSWSC 502

Supreme Court New South Wales

Medium Neutral Citation: Macmahon Mining Services v Cobar Management [2014] NSWSC 502 Hearing dates: 25/03/2014 Decision date: 25 March 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Order that claim at [39] to [41] of List Statement be dismissed pursuant to r 13.4. Catchwords: CONTRACT - terms and conditions - limiting liability clause - interpretation of clause excluding or limiting liability for consequential loss - whether contract should be construed so as not to deprive one party of its benefit

PROCEDURE - summary dismissal - general principles - summary dismissal of part of claim PROCEDURE - Application for order that question of construction to be dealt with as a separate question - whether court should proceed on hypothetical basis - Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bass v Permanent Trustee Co Ltd (1999) CLR 334 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 Kamil Export (Aust) Pty Ltd v NPL (Australia) Pty Ltd [1996] 1 VLR 538 Lime Telecom Pty Ltd v Powertel Ltd (No 1) [2008] NSWSC 324 Lime Telecom Pty Ltd v Powertel Ltd (No 2) [2008] NSWSC 362 Category: Procedural and other rulings Parties: Macmahon Mining Services Pty Limited (Plaintiff) Cobar Management Pty Limited (Defendant) Representation: Counsel: F Corsaro SC (Plaintiff) G Inatey SC / T J Breakspear (Defendant) Solicitors: McCullough Robertson (Plaintiff) King & Wood Mallesons (Defendant) File Number(s): 2013/343809