(re Millard) Energy Australia and Anor v Power Technologies Pty Ltd [2008] NSWDDT 11

(re Millard) Energy Australia and Anor v Power Technologies Pty Ltd [2008] NSWDDT 11

The cross-claims should proceed in the ordinary way and be listed for hearing, and the notice of motion is dismissed as the orders are unopposed and can be made per the draft short minutes.

Parties
Cross Claimant to the First Cross Claim: Energy Australia; Cross Claimant to the Second Cross Claim: Eraring Energy; Cross Defendant: Power Technologies Pty Ltd
Jurisdiction
Australia
Judgment Date
15 April 2008
Procedural Posture
Cross Claim / Application to Set Down for Hearing
Outcome
Notice of motion filed 13 March 2008 dismissed; orders made as in the short minutes of order filed 15 April 2008; cross-claims to proceed to hearing; costs awarded to cross-defendant as agreed or assessed.
Legal Topics
Cross Claim, Claims Resolution Process, Notice of Motion, Contributions Assessment
Civil Procedure Cross Claim Claims Resolution Process Notice of Motion Contributions Assessment

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Parties

Energy Australia

Cross Claimant to the First Cross Claim

Eraring Energy

Cross Claimant to the Second Cross Claim

Power Technologies Pty Ltd

Cross Defendant

Procedural Posture

Cross Claim / Application to Set Down for Hearing

Legal Issues

  1. 1 Whether the cross-claims should be listed for hearing.
  2. 2 Whether the notice of motion seeking to set the matter for hearing should be granted.

Ratio Decidendi

The cross-claims should proceed in the ordinary way and be listed for hearing, and the notice of motion is dismissed as the orders are unopposed and can be made per the draft short minutes.

Court Disposition

Notice of motion filed 13 March 2008 dismissed; orders made as in the short minutes of order filed 15 April 2008; cross-claims to proceed to hearing; costs awarded to cross-defendant as agreed or assessed.

Orders

  • Notice of motion filed 13 March 2008 is dismissed.
  • Cross-claimants will pay the cross-defendant's costs of and incidental thereto as agreed or assessed.