Heavy Plant Leasing v McConnell Dowell Constructors (Aust) [2018] NSWSC 1006

Supreme Court New South Wales

Medium Neutral Citation: Heavy Plant Leasing v McConnell Dowell Constructors (Aust) [2018] NSWSC 1006 Hearing dates: 15/06/2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Order separate determination of only one of the quantum issues. Motion otherwise dismissed with costs. Catchwords: CIVIL PROCEDURE – application for separate determination – underlying proceedings complex – significant overlap in factual and evidentiary matters between all issues – danger of inconsistent findings on credibility – ordering separate determination unlikely to contribute to the just, quick and cheap resolution of disputes – application dismissed with exception of one narrow quantum issue. Legislation Cited: Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Idoport Pty Ltd v National Australia Bank (No 15) [2000] NSWSC 1215 Tepko Pty Ltd v Water Board (2001) 206 CLR 1 Category: Procedural and other rulings Parties: Heavy Plant Leasing Pty Limited (In Liquidation) (Plaintiff) McConnell Dowell Constructors (Aust) Pty Ltd (Defendant) Representation: Counsel: M K Condon SC / P G Sharp (Plaintiff) D Cook SC / J Wright (Defendant)

Solicitors: Squire Patton Boggs (Plaintiff) Norton Rose Fulbright Australia (Defendant) File Number(s): 2017/51274