Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd (No. 8)

Cherwell Creek Coal Pty Ltd brought an application against BHP Queensland Coal Investments Pty Ltd in relation to certain contractual disputes. The court was required to determine whether the applicant was taken by surprise by the respondent's filing of an Amended Defence, whether the amendments disclose no reasonable defence, and whether the amendments delay the fair trial of the proceedings. The court also considered whether the respondent's application to extend the time fixed for filing the Amended Defence should be granted.

The court found that the applicant was not taken by surprise by the respondent's filing of the Amended Defence. The court further found that the amendments disclosed a reasonable defence and that they did not delay the fair trial of the proceedings. The court also found that the respondent's application to extend time to file the Amended Defence should be granted as the amendments were relevant, central to the proceedings, and responsive to the applicant's case. The court found that the amendments did not lack merit, did not result in additional and wasted costs, and that the Court should exercise its discretion to extend time.

The court made several orders, including refusing the applicant's application to strike out the amendments, granting the respondent's application to extend time for filing the Amended Defence, vacating the dates allocated for the trial of the Originating Application, and listing the matter for further directions and argument as to costs. The matter will be listed for further directions and argument as to costs on a date to be fixed, in consultation with the parties.