BT Australasia Pty Ltd v State of NSW & Anor (No 14) [1998] FCA 1699

BT Australasia Pty Ltd v State of NSW & Anor (No 14) [1998] FCA 1699

Leave to file the proposed cross-claim should be refused until identified defects, particularly in pleading material facts, legal principles, and particulars for Crown agency status and damages, are addressed; reference to s 4 of the Crown Proceedings Act should be removed; clarity and particulars are required for the State's entitlement to claim and for links between alleged breaches and claimed damages.

Parties
Applicant: BT Australasia Pty Ltd; First Respondent: State of New South Wales; Second Respondent: Telstra Corporation Limited; Cross Respondent/cross Claimant: British Telecommunications plc
Jurisdiction
Australia
Judgment Date
23 December 1998
Procedural Posture
Interlocutory Civil Proceedings / Motions for Leave to Amend Cross Claim and Strike Out/dismiss Portions Thereof
Outcome
Motions stood over; leave to file proposed cross-claim refused pending rectification of pleading deficiencies.
Legal Topics
Pleadings, Material Facts, Leave to Amend, Damages, Crown Proceedings, Statutory Corporations
Civil Procedure Contract Law Pleadings Material Facts Leave to Amend Damages Crown Proceedings Statutory Corporations

Case Brief

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Parties

BT Australasia Pty Ltd

Applicant

State of New South Wales

First Respondent

Telstra Corporation Limited

Second Respondent

British Telecommunications plc

Cross Respondent/cross Claimant

Procedural Posture

Interlocutory Civil Proceedings / Motions for Leave to Amend Cross Claim and Strike Out/dismiss Portions Thereof

Legal Issues

  1. 1 Whether material facts are adequately pleaded in the proposed cross-claim
  2. 2 Whether leave to file amended cross-claim should be granted
  3. 3 Whether point of law should be pleaded for statutory corporations and Crown agencies

Ratio Decidendi

Leave to file the proposed cross-claim should be refused until identified defects, particularly in pleading material facts, legal principles, and particulars for Crown agency status and damages, are addressed; reference to s 4 of the Crown Proceedings Act should be removed; clarity and particulars are required for the State's entitlement to claim and for links between alleged breaches and claimed damages.

Court Disposition

Motions stood over; leave to file proposed cross-claim refused pending rectification of pleading deficiencies.

Orders

  • The State's motion for leave to file its proposed cross-claim be stood over until 3 February 1999.
  • The remaining motions be stood over until 3 February 1999.