Omega Air Inc v CAE Australia Pty Limited [2015] NSWSC 802

Supreme Court New South Wales

Medium Neutral Citation: Omega Air Inc v CAE Australia Pty Limited [2015] NSWSC 802 Hearing dates: 12 June 2015 Decision date: 23 June 2015 Before: Ball J Decision: (1) The plaintiff granted leave to file and serve the Further Amended Commercial List Statement (FACLS) in the form of the document which is annexure A to the plaintiff's motion filed on 21 April 2015 (the Motion) excluding paragraphs C5 and C6 of that document.

(2) The amendments made in the FACLS are to be taken to have effect on the date or dates determined by the trial judge.

(3) The plaintiff pay the defendant's costs thrown away by reason of the amendments.

(4) The costs of the Motion be the plaintiff's costs in the cause. Catchwords: PRACTICE AND PROCEDURE – Application to amend List Statement – List Statement should contain only a summary of material facts, and not the evidence by which those facts are to be proved – Case management considerations CONTRACT – Dispute resolution clause – Whether claims are barred by parties' agreement – Whether reasonably arguable that limitation period in s 236(2) of the Australian Consumer Law cannot be contracted out of Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Firstmac Fiduciary Services Pty Ltd v HSBC Bank of Australia Ltd [2012] NSWSC 1122 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 39 FCR 546 Lane Cove Council v Michael Davies & Associates [2012] NSWSC 727 Owners SP 62930 v Kell & Rigby Pty Ltd [2009] NSWSC 1342 Resource Equities Ltd (subject to deed of company arrangement) v Garrett [2009] NSWSC 1385 Category: Procedural and other rulings Parties: Omega Air Inc (ARBN 137 291 546) (Plaintiff) CAE Australia Pty Limited (ARBN 16 066 670 522) (Defendant) Representation: Counsel: Ms K J Williams and Ms S Tame (Plaintiff) J Williams and T Kane (Defendant)