AJ Lucas Operations Proprietary Limited v CPW Trailer Sales and Repairs Proprietary Limited [2013] NSWSC 2053

AJ Lucas Operations Proprietary Limited v CPW Trailer Sales and Repairs Proprietary Limited [2013] NSWSC 2053

The Court granted the order for visual inspection of the pipes pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 as it would facilitate the just, quick and cheap resolution of the real issues in the proceedings. The Court found that the suggested pre-condition regarding prior disclosure of identification was reasonable but not required and awarded costs in the cause.

Parties
Plaintiff/applicant: A J Lucas Operations Pty Ltd; First Defendant/respondent/first Cross Claimant: C.P.W. Trailer Sales and Repairs Pty Ltd; Second Defendant/respondent/second Cross Claimant: Coe Drilling Pty Ltd; Third Defendant/respondent/third Cross Claimant: Stephen James Edward Coe; First Cross Defendant: Global Drilling Services Pty Ltd; Second Cross Defendant: Stephen Loneragan
Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Interlocutory Application / Application for Inspection Order Prior to Trial
Outcome
Application granted with conditions; costs in the cause
Legal Topics
Inspection of Property, Costs, Jurisdiction
Civil Procedure Inspection of Property Costs Jurisdiction

Case Brief

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Parties

A J Lucas Operations Pty Ltd

Plaintiff/applicant

C.P.W. Trailer Sales and Repairs Pty Ltd

First Defendant/respondent/first Cross Claimant

Coe Drilling Pty Ltd

Second Defendant/respondent/second Cross Claimant

Stephen James Edward Coe

Third Defendant/respondent/third Cross Claimant

Global Drilling Services Pty Ltd

First Cross Defendant

Stephen Loneragan

Second Cross Defendant

Procedural Posture

Interlocutory Application / Application for Inspection Order Prior to Trial

Legal Issues

  1. 1 Whether the Court should permit visual inspection of pipes under r 23.8 of the Uniform Civil Procedure Rules 2005
  2. 2 Whether the rules of the NSW Supreme Court or Queensland Supreme Court apply to the inspection
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

The Court granted the order for visual inspection of the pipes pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 as it would facilitate the just, quick and cheap resolution of the real issues in the proceedings. The Court found that the suggested pre-condition regarding prior disclosure of identification was reasonable but not required and awarded costs in the cause.

Court Disposition

Application granted with conditions; costs in the cause

Orders

  • Order pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 for representatives to enter 24 Quinns Hill Road East, Staplyton for detailed visual inspection of the pipes
  • Inspection to be carried out in accordance with clause 3