Sanderson Motors Pty Ltd v Lindsay Bennelong Developments Pty Ltd [2014] NSWSC 846

Supreme Court New South Wales

Medium Neutral Citation: Sanderson Motors Pty Ltd v Lindsay Bennelong Developments Pty Ltd [2014] NSWSC 846 Hearing dates: 10 June 2014 Decision date: 27 June 2014 Before: Ball J Decision: 1. Paragraphs 28(f) and 28(g) of the document entitled "Commercial List Response" filed on 28 March 2014 by the fifth defendant be struck out; 2. The underlined parts of paragraphs 24.2 (other than in the last line of that paragraph) and paragraphs 24.5, 24.6 and 24.7 of the Amended Technology and Construction List Response filed on 27 March 2014 by the sixth defendant be struck out; 3. The fifth and sixth defendants each pay the plaintiffs half the plaintiffs' costs of their motion filed on 5 May 2014, the fifth defendant's motion filed on 20 May 2014 and the sixth defendant's motion filed on 16 May 2014. Catchwords: PROCEDURE - civil - pleadings - application to strike out amendments to List Response - where List Response amended to identify further potential "concurrent wrongdoers" in "apportionable claim" under Civil Liability Act 2002 (NSW), Pt 4, s 34 - where amendments not properly pleaded or particularised - whether delay in amending List Response caused substantial prejudice to plaintiffs TORTS - proportionate liability - whether claims for contribution by defendants against other potential concurrent wrongdoers precluded by operation of Civil Liability Act 2002 (NSW), s 36 Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Limitations Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Wrongs Act 1958 (Vic) Cases Cited: Dymocks Book Arcade Pty Ltd v Capral Ltd [2010] NSWSC 195 Gallagher Bassett Services NSW Pty Ltd v Murdock [2013] NSWCA 386 Godfrey Spowers (Victoria) Pty Ltd v Lincolne Scott Australia Pty Ltd [2008] VSCA 208 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10; (2013) 247 CLR 613 Mitchell Morgan Nominees Pty Ltd v Vella [2011] NSWCA 390; (2011) 16 BPR 30,189 Rennie Golledge Pty Ltd v Ballard [2012] NSWCA 376; (2012) 82 NSWLR 231 Owners Strata Plan No 62660 v Jacksons Landing Development Pty Ltd [2011] NSWSC 415 Owners Corporation Strata Scheme 56120 v Allianz Australia Insurance Ltd [2009] NSWSC 1480 Ucak v Avante Developments Pty Ltd [2007] NSWSC 367 Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505; (2008) 13 BPR 25,343 Category: Procedural and other rulings Parties: Sanderson Motors Pty Ltd (First Plaintiff) Sanderson Eastern Suburbs Pty Ltd (Second Plaintiff) Lindsay Bennelong Developments Pty Ltd (First Defendant) Bennelong Developments Pty Ltd (Second Defendant) Boronia Investments Holdings Pty Ltd formerly Kell & Rigby Holdings Pty Ltd (Third Defendant) Civil Foundations Pty Ltd (Fourth Defendant) International Insurance company of Hannover Ltd (Fifth Defendant) QBE European Underwriting Services (Australia) Pty Ltd (Sixth Defendant) Representation: Counsel: M Ashhurst SC with F Hicks / Ms M Kloucek (Plaintiffs) M P Cleary (First and Second Defendants) C Purdy (Fifth Defendant) ATS Dawson (Sixth Defendant) Solicitors: Yates Beaggi (Plaintiffs) Berry Buddle Wilkins (First and Second Defendants) Moray & Agnew (Fifth Defendant) Yeldham Price O'Brien Luck (Sixth Defendant) File Number(s): 2011/206208 Publication restriction: None