Thiess Pty Ltd and John Holland Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2016] NSWSC 173

Supreme Court New South Wales

Medium Neutral Citation: Thiess Pty Ltd and John Holland Pty Ltd v Parsons Brinckerhoff Australia Pty Ltd [2016] NSWSC 173 Hearing dates: 13/07/2015, 14/07/2015, 15/07/2015, 16/07/2015, 20/07/2015, 21/07/2015, 28/07/2015, 30/07/2015, 03/08/2015, 04/08/2015, 05/08/2015 and 06/08/2015 Date of orders: 04 March 2016 Decision date: 04 March 2016 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Plaintiffs to have judgment against third defendant for $6,983,333.00 together with interest. Catchwords: CONTRACT – building and construction – plaintiffs' joint venture responsible for construction of project – claims brought against four defendants – first, second and fourth defendant no longer a party to proceedings – claims against those defendants remain relevant to determination of liability of third defendant CONTRACT – breach of contractual obligations by third defendant – where third defendant responsible for reviewing and reporting on suitability of designs of first and second defendants in conditions actually experienced– failure of third defendant to continually review and report on designs in the changing conditions of the project - breach of contractual obligations proved – causation also proved NEGLIGENCE – s 5O of Civil Liability Act – whether widely accepted peer professional opinion available as a defence for third defendant – expert evidence fails to support this argument – defence fails DAMAGES – apportionment of damages between first, second and third defendants – where primary responsibility allocated to first and second defendants – where all those parties caused significant, independent loss – court held third defendant liable for 1/3 of agreed damages Legislation Cited: Civil Liability Act 2002 (NSW) Cases Cited: Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Dobler v Halverson (2007) 70 NSWLR 151 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492 Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 Vosten v The Commonwealth [1989] 1 Qd R693 Zanner v Zanner (2010) 79 NSWLR 702 Category: Principal judgment Parties: Thiess Pty Ltd (First Plaintiff) John Holland Pty Ltd (Second Plaintiff) Parsons Brinckerhoff Australia Pty Ltd (First Defendant) ACN 006 475 056 Pty Ltd (formerly Parsons Brinckerhoff International (Australia) Pty Ltd) (Second Defendant) ACN 061 447 621 Pty Ltd (formerly Pells Sullivan Meynink Ltd (in liq)) (Third Defendant) URS Australia Pty Ltd (Fourth Defendant) Representation: Counsel: