Lake Macquarie City Council v SCE Resources Pty Ltd trading as Steelstone [2020] NSWSC 279

Supreme Court New South Wales

Medium Neutral Citation: Lake Macquarie City Council v SCE Resources Pty Ltd trading as Steelstone [2020] NSWSC 279 Hearing dates: 13 March 2020 Decision date: 23 March 2020 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The plaintiff be granted leave to file and serve an amended list statement in the form annexed to its motion filed on 17 February 2020 and marked "A".

(2) Reserve to the trial judge the question of when the amendments are to take effect.

(3) The plaintiff pay the defendant's costs thrown away by reason of the amendment.

(4) The defendant pay the plaintiff's costs of the motion filed on 17 February 2020. Catchwords: PROCEDURE – Application to amend List Statement – Where substantial delay in seeking amendment – Where no real explanation for the delay – Whether no prejudice arises from delay – Question whether limitation period for cause of action with damages as essential component has expired – Question whether claim as sought to be made satisfies Civil Procedure Act 2005, s 65(2)(c) – Question whether Court should otherwise order under s 65(3) – Questions not to be decided on an interlocutory basis. Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No 64970 [2011] NSWCA 181 Wardley Australia Limited v The State of Western Australia (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Lake Macquarie City Council (Plaintiff) SCE Resources Pty Ltd trading as Steelstone (Defendant) Representation: Counsel: L Shipway (Plaintiff) D Williams SC with S Walsh (Defendant)