Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824

Leave was granted to file and serve the Second Further Amended Originating Process, Points of Claim, and amended Concise Statements against Grocon and Watpac, as the claims were sufficiently identified in the original initiating documents and no relevant prejudice would result to respondents; costs of the separate and preliminary set-off question were ordered paid forthwith by applicants to respondents on a party-party basis, and leave to amend was conditioned on regularisation of pleadings and elimination of abandoned claims.

Parties
Applicant: Hastie Group Limited (in liquidation); Applicant: Craig David Crosbie (in his capacity as joint and several liquidator of the Hastie Group companies listed herein); Applicant: Ian Menzies Carson (in his capacity as joint and several liquidator of the Hastie Group companies listed herein); Applicant: David Laurence McEvoy (in his capacity as joint and several liquidator of the Hastie Group companies listed herein); Applicant: ACN 008 700 178 Pty Ltd (in liquidation) (formerly Direct Engineering Services Pty Ltd); Applicant: ACN 121 276 168 Pty Ltd (in liquidation) (formerly Heyday Group Pty Ltd); Applicant: ACN 129 953 733 Pty Limited (in liquidation) (formerly Beavis & Bartels Pty Ltd); Applicant: AFA Air Conditioning Pty Ltd (in liquidation); Applicant: Hastie Air Conditioning (ACT) Pty Ltd (in liquidation); Applicant: Hastie Air Conditioning Pty Ltd (in liquidation); Applicant: Hastie Australia Pty Ltd (in liquidation); Applicant: M&H Air Conditioning Pty Ltd (in liquidation); Applicant: Medical Gases Pty Ltd (in liquidation); Applicant: Nisbet & Durney Pty Ltd (in liquidation); Applicant: Norfolk Maintenance Holdings Pty Ltd (in liquidation); Applicant: Optimus Pty Ltd (in liquidation); Applicant: Sharp & Pendrey Pty Ltd (in liquidation); Applicant: Watters Electrical (Aust) Pty Ltd (in liquidation); Applicant: Airduster Pty Ltd (in liquidation); Applicant: ACN 050 411 179 Pty Ltd (in liquidation) (formerly Spectrum Fire & Security Pty Ltd); Respondent: Multiplex Constructions Pty Ltd (formerly Brookfield Multiplex Constructions Pty Ltd); Respondent: Brookfield Multiplex FSH Contractor Limited; Respondent: Lendlease Building Pty Limited (formerly Bovis Lend Lease Pty Ltd and Lend Lease Project Management & Construction (Australia) Pty Limited); Respondent: Lendlease Building Contractors Pty Limited (formerly Baulderstone Hornibrook Pty Ltd and Baulderstone Pty Ltd); Respondent: Lendlease Engineering Pty Limited (formerly Abigroup Contractors Pty Ltd); Respondent: Lendlease Funds Management Limited (formerly Lend Lease Funds Management Limited); Respondent: Badge Constructions (WA) Pty Ltd; Respondent: Badge Constructions (QLD) Pty Ltd; Respondent: Badge Constructions (SA) Pty Ltd; Respondent: CPB Contractors Pty Limited (formerly Leighton Contractors Pty Limited); Respondent: Grocon Constructors (NSW) Pty Ltd; Respondent: Grocon Constructors Pty Ltd; Respondent: Hansen Yuncken Pty Ltd; Respondent: John Holland Pty Ltd; Respondent: Laing O'Rourke Australia Construction Pty Ltd; Respondent: Thiess Pty Ltd; Respondent: Watpac Construction Pty Ltd (formerly Watpac Australia Pty Ltd and Watpac Construction (Qld) Pty Ltd); Respondent: Watpac Construction (NSW) Pty Ltd; Respondent: Watpac Construction (SA) Pty Ltd; Respondent: Watpac Construction (VIC) Pty Ltd; Respondent: Scentre Management Limited; Respondent: Scentre Design & Construction Pty Ltd
Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Pleadings, Costs, and Procedural Orders
Outcome
Leave granted to applicants to file further amended pleadings, with conditions; costs of the separate and preliminary set-off question to be paid forthwith; further case management hearing adjourned.
Legal Topics
Amendment of Pleadings, Case Management, Joinder/removal of Parties, Costs, Cross Vesting/jurisdiction, Security of Payment
Practice and Procedure Corporations Corporate Insolvency Commercial Law Amendment of Pleadings Case Management Joinder/removal of Parties Costs +2 more

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Parties

Hastie Group Limited (in liquidation)

Applicant

Craig David Crosbie (in his capacity as joint and several liquidator of the Hastie Group companies listed herein)

Applicant

Ian Menzies Carson (in his capacity as joint and several liquidator of the Hastie Group companies listed herein)

Applicant

David Laurence McEvoy (in his capacity as joint and several liquidator of the Hastie Group companies listed herein)

Applicant

ACN 008 700 178 Pty Ltd (in liquidation) (formerly Direct Engineering Services Pty Ltd)

Applicant

ACN 121 276 168 Pty Ltd (in liquidation) (formerly Heyday Group Pty Ltd)

Applicant

ACN 129 953 733 Pty Limited (in liquidation) (formerly Beavis & Bartels Pty Ltd)

Applicant

AFA Air Conditioning Pty Ltd (in liquidation)

Applicant

Hastie Air Conditioning (ACT) Pty Ltd (in liquidation)

Applicant

Hastie Air Conditioning Pty Ltd (in liquidation)

Applicant

Hastie Australia Pty Ltd (in liquidation)

Applicant

M&H Air Conditioning Pty Ltd (in liquidation)

Applicant

Medical Gases Pty Ltd (in liquidation)

Applicant

Nisbet & Durney Pty Ltd (in liquidation)

Applicant

Norfolk Maintenance Holdings Pty Ltd (in liquidation)

Applicant

Optimus Pty Ltd (in liquidation)

Applicant

Sharp & Pendrey Pty Ltd (in liquidation)

Applicant

Watters Electrical (Aust) Pty Ltd (in liquidation)

Applicant

Airduster Pty Ltd (in liquidation)

Applicant

ACN 050 411 179 Pty Ltd (in liquidation) (formerly Spectrum Fire & Security Pty Ltd)

Applicant

Multiplex Constructions Pty Ltd (formerly Brookfield Multiplex Constructions Pty Ltd)

Respondent

Brookfield Multiplex FSH Contractor Limited

Respondent

Lendlease Building Pty Limited (formerly Bovis Lend Lease Pty Ltd and Lend Lease Project Management & Construction (Australia) Pty Limited)

Respondent

Lendlease Building Contractors Pty Limited (formerly Baulderstone Hornibrook Pty Ltd and Baulderstone Pty Ltd)

Respondent

Lendlease Engineering Pty Limited (formerly Abigroup Contractors Pty Ltd)

Respondent

Lendlease Funds Management Limited (formerly Lend Lease Funds Management Limited)

Respondent

Badge Constructions (WA) Pty Ltd

Respondent

Badge Constructions (QLD) Pty Ltd

Respondent

Badge Constructions (SA) Pty Ltd

Respondent

CPB Contractors Pty Limited (formerly Leighton Contractors Pty Limited)

Respondent

Grocon Constructors (NSW) Pty Ltd

Respondent

Grocon Constructors Pty Ltd

Respondent

Hansen Yuncken Pty Ltd

Respondent

John Holland Pty Ltd

Respondent

Laing O'Rourke Australia Construction Pty Ltd

Respondent

Thiess Pty Ltd

Respondent

Watpac Construction Pty Ltd (formerly Watpac Australia Pty Ltd and Watpac Construction (Qld) Pty Ltd)

Respondent

Watpac Construction (NSW) Pty Ltd

Respondent

Watpac Construction (SA) Pty Ltd

Respondent

Watpac Construction (VIC) Pty Ltd

Respondent

Scentre Management Limited

Respondent

Scentre Design & Construction Pty Ltd

Respondent

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Pleadings, Costs, and Procedural Orders

Legal Issues

  1. 1 Whether leave should be granted to amend and file Second Further Amended Originating Process and Points of Claim
  2. 2 Whether costs thrown away should be taxed and paid forthwith and/or on indemnity basis
  3. 3 Whether certain respondents should be removed or claims discontinued

Ratio Decidendi

Leave was granted to file and serve the Second Further Amended Originating Process, Points of Claim, and amended Concise Statements against Grocon and Watpac, as the claims were sufficiently identified in the original initiating documents and no relevant prejudice would result to respondents; costs of the separate and preliminary set-off question were ordered paid forthwith by applicants to respondents on a party-party basis, and leave to amend was conditioned on regularisation of pleadings and elimination of abandoned claims.

Court Disposition

Leave granted to applicants to file further amended pleadings, with conditions; costs of the separate and preliminary set-off question to be paid forthwith; further case management hearing adjourned.

Orders

  • Parties to confer and by 22 January 2021 file and serve agreed or separate minutes of orders and brief submissions.
  • Further case management hearing adjourned to 29 January 2021 at 10.15am.