Probuild Constructions (Aust) Pty Limited v Shade Systems Limited [2018] NSWSC 540

Supreme Court New South Wales

Medium Neutral Citation: Probuild Constructions (Aust) Pty Limited v Shade Systems Limited [2018] NSWSC 540 Hearing dates: 24/04/2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Grant defendant leave to amend its Technology & Construction List Response. Catchwords: CIVIL PROCEDURE – application to amend Technology & Construction List Response – proposed amendment pleads that maintenance of litigation is unconscionable within the meaning of the Australian Consumer Law – whether proposed amended defence so weak so as to justify peremptory rejection – no rule of law that litigious conduct cannot be conduct in trade or commerce – instead, determining strength of proposed defence will require consideration of the overall evidence – leave to amend granted. Legislation Cited: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Building and Construction Industry Security of Payment Act 1999 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Bride v The Shire of Katanning [2016] FCA 65 Concrete Constructions (NSW) Pty Limited v Nelson (1990) 169 CLR 594 Macks v Viscariello [2017] SASCFC 172 Pertzel v Qld Paulownia Forests Ltd [2008] 2 Qd R 526 Category: Procedural and other rulings Parties: Probuild Constructions (Aust) Pty Ltd (Plaintiff) Shade Systems Ltd (Defendant) Representation: Counsel: S Robertson (Plaintiff) D Hume (Defendant)