Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2020] NSWSC 328

Supreme Court New South Wales

Medium Neutral Citation: Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services [2020] NSWSC 328 Hearing dates: 30 March 2020 Date of orders: 30 March 2020 Decision date: 30 March 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Leave is granted to the plaintiffs to file the amended statement of claim annexed to the notice of motion filed in this matter. (2) The defendant is to file and serve all lay and expert evidence it has been able to obtain by 30 June 2020 on that date. (3) The matter is listed for further directions on 6 July 2020. (4) Costs of the motion will be reserved. (5) Costs thrown away and any incidental costs will also be reserved. (6) Grant the parties liberty to apply on three days' notice. Catchwords: CIVIL PROCEDURE — Originating process — Amendment — Negligence — Indemnity for claim under s 151Z(1)(d) Workers Compensation Act 1987 (NSW) — Tree fall on car — System for inspecting the road — Expert reports — Better particulars of alternate system of inspection — Use of internet resources — Delay Legislation Cited: Civil Liability Act 2002 (NSW), s 5B, s 5C, s 42, s 43A, Evidence Act 1995 (NSW), s 79 Roads Act 1993 (NSW), s 62 Cases Cited: Aon Risk Services Australia Ltd v The Australian National University (2009) 239 CLR 175; [2009] HCA 27 Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer [2018] NSWCA 146 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Kelly v Mina [2014] NSWCA 9 Namberry Craft Pty Ltd v Watson [2011] VSC 136 Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12 Category: Procedural and other rulings Parties: Veolia Energy Technical Services Pty Ltd (Plaintiff) Roads and Maritime Services (Defendant) Representation: Counsel: Mr P Morris with Mr P Rickard (Plaintiff) Mr R Perla (Defendant)