YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2018] NSWSC 1354

Supreme Court New South Wales

Medium Neutral Citation: YTO Construction Pty Ltd v Innovative Civil Pty Ltd [2018] NSWSC 1354 Hearing dates: 5, 6, 13 July 2018 Date of orders: 16 August 2018 Decision date: 10 August 2018 Jurisdiction: Equity - Technology and Construction List Before: Rein J Decision: See [22], [27]-[28], [31], [33] Catchwords: CIVIL PROCEDURE – Pleadings – Fraud – Where Plaintiff claimed that a determination made following an adjudication ("the Determination") was obtained in circumstances of fraud and sought to have the Determination set aside – Where Plaintiff advanced a different case to that articulated in its List Statement – Onus on the party alleging fraud to strictly articulate its claim – Consideration of the application of "pleadings" in the Technology and Construction List of the Supreme Court; HELD: Plaintiff failed to establish, in accordance with the onus placed upon it, that the Determination was obtained fraudulently by reason of the matters articulated in its List Statement, and the other grounds asserted had not been articulated in the List Statement. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd and Anor (1991) 22 NSWLR 389 Probuild Constructions (Aust) Pty Ltd v DDI Group Pty Ltd (2017) 95 NSWLR 82 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 351 ALR 225 Quarter Enterprises Pty Ltd and Anor v Allardyce Lumber Company Ltd and Anor (2014) 85 NSWLR 404 Savage and Ors v Lunn and Ors [1998] NSWCA 203 Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971 Category: Principal judgment Parties: YTO Construction Pty Ltd (Plaintiff) Innovative Civil Pty Ltd (First Defendant) Jennifer Wyatt (Second Defendant) Representation: Counsel: I. G. Roberts SC and L. Shipway (Plaintiff) M. Christie SC and D. Hume (First Defendant)