Downer EDI Rail Pty Ltd v John Holland Pty Ltd; Kellogg Brown & Root Pty Ltd v John Holland Pty Ltd [2017] NSWSC 529

Supreme Court New South Wales

Medium Neutral Citation: Downer EDI Rail Pty Ltd v John Holland Pty Ltd; Kellogg Brown & Root Pty Ltd v John Holland Pty Ltd [2017] NSWSC 529 Hearing dates: 2 May 2017 Decision date: 03 May 2017 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Application for determination of separate questions refused Catchwords: PRACTICE AND PROCEDURE – separate question -whether issues as to the proper construction of the contract should be determined separately and in advance of hearing – where plaintiff may wish to adduce evidence of surrounding circumstances – where matter set down for hearing later in the year – whether separate determination would reduce likely length of hearing; COMMERCIAL ARBITRATION – where party to an arbitration of related matter seeks separate determination of similar question of construction – where other party to the arbitration and the arbitrator consent to such separate determination – undesirability of the separate determination of the two construction issues Legislation Cited: Commercial Arbitration Act 2010 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedures Rules 2005 (NSW) Cases Cited: Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Category: Procedural and other rulings Parties: In 2015/120806: Downer EDI Rail Pty Ltd (First Plaintiff/Respondent) EDI Rail PPP Maintenance Pty Ltd (Second Plaintiff/Respondent) John Holland Pty Limited (First Defendant/Applicant) Kellogg Brown & Root Pty Ltd (Second Defendant) Atlantis Corporation Pty Ltd (Third Defendant) QBE Insurance (Australia) Limited (Fourth Defendant)