Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297

Supreme Court New South Wales

Medium Neutral Citation: Lake Maintenance (NSW) Pty Limited v Todd Hadley Pty Limited & Ors [2019] NSWSC 297 Hearing dates: 12 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Notice of Motion filed on 20 November 2018 is dismissed. (2) Subject to order (3), costs are costs in the cause. (3) If the plaintiff seeks a different order to order (2), it is to file and serve any evidence and written submissions in support of the application by close of business on 29 March 2019. The defendants are to file and serve any evidence and submissions in reply by close of business on 5 April 2019. Any application will be dealt with on the papers. (4) Adjourned to the Registrar's call-over at 9am on 23 April 2019 for directions. Catchwords: CIVIL PROCEDURE – separate determination of questions – r 28.2 UCPR – claim in professional negligence and for statutory breaches – limitation defence raised – whether cause of action arose on particular date, or much later in time – no agreement as to facts – no agreement as to principles to be applied to determining limitation defence – whether loss was contingent - dispute as to length and costs of any hearing of separate questions Legislation Cited: Australian Consumer Law Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Fair Trading Act 1987 (NSW) Limitation Act 1969 (NSW) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 1284 Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Limited (2012) 247 CLR 613 Kenny & Good v MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25 Southwell v Bennett [2010] NSWSC 1372 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Category: Principal judgment Parties: Plaintiff - Lake Maintenance (NSW) Pty Limited Defendant - Todd Hadley Pty Limited & Ors Representation: Counsel: Plaintiff – Dr Chris Birch SC and Penny Thew Defendant – M.T McCulloch SC