Wollongong Coal Limited v NRE Resources Pty Limited [2017] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: Wollongong Coal Limited v NRE Resources Pty Limited [2017] NSWSC 862 Hearing dates: 26 and 28 June 2017 Decision date: 28 June 2017 Jurisdiction: Common Law Before: Johnson J Decision: 1. Defendant granted leave to file Cross Claim. 2. Defendant to pay Plaintiff's costs of Defendant's Notice of Motion for leave to file Cross Claim. 3. Defendant to pay Plaintiff's costs thrown away as a result of vacation of hearing date. 4. The costs orders contained in Orders 2 and 3 are to be assessable and payable forthwith. 5. The proceedings are transferred to the Commercial List in the Equity Division and are to be listed for directions before the Commercial List Judge at 9.45 am on Friday, 30 June 2017. Catchwords: CIVIL LAW - application by Defendant for leave to file Cross Claim - application made at commencement of final hearing of commercial dispute - consideration of relevant discretionary factors - leave granted to file Cross Claim - final hearing vacated - application for costs - Defendant ordered to pay Plaintiff's costs of leave application and costs thrown away as a result of vacated hearing - order that costs be assessable and payable forthwith - proceedings referred for mediation under s.26 Civil Procedure Act 2005 - proceedings transferred to Commercial List of Equity Division Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Financial Services & Leasing Pty Limited v Hills Industries Limited (2014) 253 CLR 560; [2014] HCA 14 Bryant v Commonwealth Bank of Australia (1995) 57 FCR 287 Israel v Foreshore Properties Pty Limited (In Liq) (1980) 30 ALR 631 The Presbyterian Church (NSW) Property Trust v Scots Church Development Ltd (No 2) [2007] NSWSC 797 Texts Cited: --- Category: Procedural and other rulings Parties: Wollongong Coal Limited (Plaintiff) NRE Resources Pty Limited (Defendant) Representation: Counsel: Mr C Wood; Mr T Cleary (Plaintiff) Mr DR Pritchard SC; Mr A Macauley (Defendant)