Macmahon Mining Services v Cobar Management [2014] NSWSC 731

Supreme Court New South Wales

Medium Neutral Citation: Macmahon Mining Services v Cobar Management [2014] NSWSC 731 Hearing dates: 30/05/2014 Decision date: 30 May 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Application for summary judgment or strike-out dismissed with costs. Catchwords: PROCEDURE - application for summary judgment on or to strike out some claims -whether claims are for "Consequential Loss" as defined by the contract between the parties - whether regard must be had to the facts to determine whether claims fall within "Consequential Loss" - whether appropriate case for strike out or summary disposal of claims

PROCEDURE - costs - general rule costs follow the event of the motion Cases Cited: Macmahon Mining Services v Cobar Management [2014] NSWSC 502 Alstom Ltd v Yokogawa Australia Pty Ltd and Anor (No 7) [2012] SASC 49 GEC Alsthom Australia Ltd v City of Sunshine (FCA, 20 February 1996, unreported) Regional Power Corporation v Pacific Hydro Group Two Pty Ltd (No 2) [2013] WASC 356 Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd (2008) 19 VR 358 Saint Line Ltd v Richardsons, Westgarth & Co Ltd [1940] 2 KB 99 Hadley v Baxendale (1854) 9 Exch 341 Category: Procedural and other rulings Parties: Macmahon Mining Services Pty Limited (Plaintiff) Cobar Management Pty Limited (Defendant) Representation: Counsel: FF Corsaro SC (Plaintiff) G Inatey SC / TJ Breakspear (Defendant) Solicitors: McCullough Robertson Lawyers (Plaintiff) King, Wood & Mallesons (Defendant) File Number(s): 2013/343809