AJ Lucas Operations Proprietary Limited v CPW Trailer Sales and Repairs Proprietary Limited [2013] NSWSC 2053

Supreme Court New South Wales

Medium Neutral Citation: AJ Lucas Operations Proprietary Limited v CPW Trailer Sales and Repairs Proprietary Limited [2013] NSWSC 2053 Hearing dates: 19 September 2013 Decision date: 19 September 2013 Before: Rothman J Decision: 1. An order pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 that the representatives as set out in paragraph 3 enter into the premises at 24 Quinns Hill Road East, Staplyton and to carry out a detailed visual inspection of the 6 5/8 horizontal directional drilling pipes (Pipes) the subject of these proceedings; 2. The inspection detailed in paragraph 1 to be carried out in accordance with the provisions of clause 3; 3. a) Within 7 days, the respondents' solicitors to provide a date and time on which the inspection of the Pipes can take place, such inspection to take place no later than 18 October 2013. b) The inspection of the pipes is to take place at the address referred to in paragraph 1, where they are currently located. c) For the respondents, the following persons will attend the inspection: Mr Stephen Coe; Mr Stephen Buchanan, solicitor for the respondents; and Mr A James of counsel. d) For the applicant, the following persons to attend the inspection: Mr Graham Maher, solicitor for the applicant; Mr Paul Shields, employee of the applicant; Mr M Luitingh of counsel; and any other person that may identify the Pipes or give evidence about their value subject to the reasonable consent of the respondents. 4. Pursuant to the inspection, the applicant to provide a report as to its findings and any evidence that it intends to rely upon within 14 days of the inspection; 5. The representative for the applicant and the applicant's legal advisors be permitted to take photographs of the pipes during the inspection; 6. The costs of the notice of motion to be costs in the cause. Legislation Cited: Commonwealth of Australia Constitution Act 1900 (Imp) Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Judiciary Act 1904 Category: Interlocutory applications Parties: A J Lucas Operations Pty Ltd (Plaintiff/Applicant) C.P.W. Trailer Sales and Repairs Pty Ltd (First Defendant/Respondent/First Cross-Claimant) Coe Drilling Pty Ltd (Second Defendant/ Respondent/Second Cross-Claimant) Stephen James Edward Coe (Third Defendant/ Respondent/Third Cross-Claimant)) Global Drilling Services Pty Ltd (First Cross-Defendant) Stephen Loneragan (Second Cross-Defendant) Representation: Counsel: M. Luitingh (Applicant/Plaintiff) A. James (First, Second and Third Respondent/Defendant) M. Wiggins (First and Second Cross-Defendant) Solicitors: File Number(s): 2011/142924 Publication restriction: None