Port Waratah Coal Services Ltd v Avopiling (NSW) Pty Ltd [2016] NSWSC 1832

Supreme Court New South Wales

Medium Neutral Citation: Port Waratah Coal Services Ltd v Avopiling (NSW) Pty Ltd [2016] NSWSC 1832 Hearing dates: 12 December 2016 Date of orders: 12 December 2016 Decision date: 12 December 2016 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Grant leave further to amend list statement. Catchwords: PRACTICE AND PROCEDURE – leave to further amend commercial list statement – question of whether leave should be granted – where granting of leave would cause detriment to other parties - balancing of competing considerations Category: Procedural and other rulings Parties: Port Waratah Coal Services Ltd (Plaintiff) Avopiling (NSW) Pty Ltd (First defendant) Menard Bachy Pty Ltd (Second defendant) Downer EDI Engineering Power Pty Ltd (Third defendant) Daracon Contractors Pty Ltd (Fourth Defendant) Great Lakes Reinsurance (UK) PLC UK Company No. 02189462 (Fifth defendant) Torus Insurance (UK) Limited UK Company No. 06447250 (Sixth defendant) Zurich Insurance Public Limited Company UK Company No. FC025710 (Seventh defendant) Starr Underwriting Agents Limited UK Company No. 02973661 (Eighth defendant) Catlin Syndicate Limited UK Company No. 02968384 (Ninth defendant) Infrassure Ltd Switzerland Identification No. CHE-109.526.444 (Tenth defendant) AXA Corporate Solutions Assurance RCS Paris 399 227 354 (Eleventh defendant) XL Insurance Company SE (formerly XL Insurance UK Company Limited (Twelfth defendant) Scor UK Company Limited UK Company No. 01334736 (Thirteenth defendant) AAI Limited (formerly Vero Insurance Limited) (Fourteenth defendant) QBE Insurance (Europe) Limited UK Company No. 01761561(Fifteenth defendant) Chaucer Corporate Capital (No. 3) Limited UK Company No. 05203226 (Sixteenth defendant) Representation: Counsel: D Miller SC / N Simpson (Plaintiff) R Visckovich (Solicitor) (First defendant) M Ashhurst SC (Second defendant) N A Nicholls SC / J Wright (Third defendant) R Cheney SC (Fourth defendant) P Braham SC / J Clark (Fifth to sixteenth defendants)