Baulderstone Hornibrook Pty Limited v HBO+DC Pty Limited [2001] NSWSC 821

Baulderstone Hornibrook Pty Limited v HBO+DC Pty Limited [2001] NSWSC 821

Referral of the summary judgment application is refused as it is not consistent with the just, quick and cheap resolution of litigation as required by Practice Notes and the Rules; the issues are complex and interwoven with the cross claim, and entertaining the application separately would not necessarily expedite or simplify proceedings.

Parties
Plaintiff: Baulderstone Hornibrook Pty Limited; Defendant: HBO+DC Pty Limited
Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Civil / Interlocutory Application – Summary Judgment Referral
Outcome
Referral to call over refused
Legal Topics
Summary Judgment, Case Management, Construction List Procedures
Practice and Procedure Construction Law Summary Judgment Case Management Construction List Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Baulderstone Hornibrook Pty Limited

Plaintiff

HBO+DC Pty Limited

Defendant

Procedural Posture

Civil / Interlocutory Application – Summary Judgment Referral

Legal Issues

  1. 1 Whether a motion for summary judgment should be referred to the call over for special fixture
  2. 2 Whether referral is consistent with just, quick and cheap resolution of litigation under court rules and Practice Notes

Ratio Decidendi

Referral of the summary judgment application is refused as it is not consistent with the just, quick and cheap resolution of litigation as required by Practice Notes and the Rules; the issues are complex and interwoven with the cross claim, and entertaining the application separately would not necessarily expedite or simplify proceedings.

Court Disposition

Referral to call over refused

Orders

  • Motion for referral for summary judgment hearing as special fixture refused
  • Orders in Short Minutes of Order dated 14 September 2001 by consent