Interline Hydrocarbon Inc v Brenzil Pty Ltd - [2003] QSC 322

SUPREME COURT OF QUEENSLAND

CITATION:

Interline Hydrocarbon Inc v Brenzil P/L & Anor [2003]QSC 322

PARTIES:

INTERLINE HYDROCARBON INC
(plaintiff/respondent)
v
BRENZIL PTY LTD (ACN 051 348 353)
(first defendant/applicant)
NATIONWIDE OIL PTY LTD (ACN 006 383 364)
(second defendant/applicant)

FILE NO/S:

S6229 of 2000

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

24 September 2003

DELIVERED AT:

Brisbane

HEARING DATE:

9 September 2003

JUDGE:

Mackenzie J

ORDER:

The trial of this action, appointed to commence on 27 October 2003 is adjourned to a date to be fixed1.

The plaintiff have leave to file and serve its Reply and Defence to Counterclaim dated 21 August 20032.

Within 14 days the plaintiff notify the defendants whether it intends to rely on facts with regard to other plants with which the plaintiff has been involved and if so:3.

notify them of the nature of such facts; and(a)

make any necessary further amendments to the pleadings.(b)

The plaintiff make disclosure in accordance with the Uniform Civil Procedure Rules with regard to further issues raised pursuant to order 3 hereof within 21 days of complying with that paragraph 4.

If pursuant to order 3, the plaintiff advises that no further amendments to pleadings are necessary the following directions shall apply:5.

(a)   the defendants serve within 7 days of such notification any request for further and better particulars of the reply dated 21 August 2003;

(b) the plaintiff provide further and better particulars within 14 days of receipt of any request pursuant to order 5(a);

(c)   the defendants deliver any further experts’ reports and file and serve any further amendments to the defence and counterclaim within 14 days of delivery of the further and better particulars;

(d) the experts for each party confer with each other within 21 days of delivery of the defendants’ further expert reports with a view to limiting the matters in issue between them;

(e) following the conference between the experts, any further experts’ reports upon which either party wishes to rely shall be delivered to the other party or parties within 14 days of the completion of the conference

If the plaintiff notifies the defendants that it intends to rely on facts with regard to other plants with which the plaintiff has been involved in accordance with order 3 the following directions shall apply:6.

(a)   the defendants serve any request for further and better particulars of the further amended pleadings within 21 days of completion of the disclosure provided for in order 4;

(b) the plaintiff, within 14 days of receipt of a request for particulars under order 6(a), provide the further and better particulars;

(c)   the defendants deliver any further experts’ reports upon which they intend to rely within 14 days of delivery of the further and better particulars referred to in order 6(b) and file and serve any further amendments to the defence and counterclaim or any pleading in answer to the amended reply and defence…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2003] QSC 322
Decision Date: 24 September 2003

CaseChat Overview and Summary

Interline Hydrocarbon Inc was suing Brenzil Pty Ltd for issues related to a plant that had been constructed. The case was set for trial on 27 October 2003, and the court needed to decide whether the plant met the agreed specifications at the time of construction. The court also needed to consider whether the trial should be adjourned due to the late submission of expert reports by the defendants, which had resulted in amended pleadings and the potential need for further expert investigations.

The court found that the defendants had not unduly delayed the proceedings by submitting their expert reports four months late. The reports had led to amended pleadings, and the appointment of a court-appointed expert was being considered. This required agreement between the parties on the conditions of any experiments. The court held that it would be in the interests of justice to adjourn the trial to allow for the exchange of further expert reports and to limit the matters in issue between the parties. The court also directed the parties to provide further and better particulars and to make necessary amendments to their pleadings. The court emphasised the importance of adhering to the Federal Court Practice Direction “Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia” when preparing expert reports. The court reserved costs and granted liberty to apply on three days’ notice to other parties.

Orders

Orders of the court

1. The trial of this action, appointed to commence on 27 October 2003 is adjourned to a date to be fixed

2. The plaintiff have leave to file and serve its Reply and Defence to Counterclaim dated 21 August 2003

3. Within 14 days the plaintiff notify the defendants whether it intends to rely on facts with regard to other plants with which the plaintiff has been involved and if so:

(a) notify them of the nature of such facts; and

(b) make any necessary further amendments to the pleadings.

4. The plaintiff make disclosure in accordance with the Uniform Civil Procedure Rules with regard to further issues raised pursuant to order 3 hereof within 21 days of complying with that paragraph

5. If pursuant to order 3, the plaintiff advises that no further amendments to pleadings are necessary the following directions shall apply:

(a) the defendants serve within 7 days of such notification any request for further and better particulars of the reply dated 21 August 2003;

(b) the plaintiff provide further and better particulars within 14 days of receipt of any request pursuant to order 5(a);

(c) the defendants deliver any further experts’ reports and file and serve any further amendments to the defence and counterclaim within 14 days of delivery of the further and better particulars;

(d) the experts for each party confer with each other within 21 days of delivery of the defendants’ further expert reports with a view to limiting the matters in issue between them;

(e) following the conference between the experts, any further experts’ reports upon which either party wishes to rely shall be delivered to the other party or parties within 14 days of the completion of the conference

6. If the plaintiff notifies the defendants that it intends to rely on facts with regard to other plants with which the plaintiff has been involved in accordance with order 3 the following directions shall apply:

(a) the defendants serve any request for further and better particulars of the further amended pleadings within 21 days of completion of the disclosure provided for in order 4;

(b) the plaintiff, within 14 days of receipt of a request for particulars under order 6(a), provide the further and better particulars;

(c) the defendants deliver any further experts’ reports upon which they intend to rely within 14 days of delivery of the further and better particulars referred to in order 6(b) and file and serve any further amendments to the defence and counterclaim or any pleading in answer to the amended reply and defence to counterclaim dated 21 August 2003 or any further amended pleading;

(d) the experts for each party confer with each other within 21 days of delivery of the defendants further experts’ reports with a view to limiting the matters in issue between them: provided that for the purpose of calculating the period of 21 days the period commencing Saturday 20 December 2003 and concluding on Sunday 11 January 2004 shall not be counted as part of the period of 21 days: but exclusion of that period for calculation purposes does not preclude the experts from mutually agreeing to confer during that period;

(e) following the conclusion of the conference between the experts, any further experts’ reports upon which either party wishes to rely shall be delivered to the other parties within 14 days

7. Each experts’ report shall conform to the Federal Court Practice Direction “Guidelines for Expert Witnesses in Proceedings in the Federal Court of Australia” dated 15 September 1998, a copy of which shall be provided to any expert that a party proposes to call as a witness

8. Costs are reserved

9. Liberty to apply on 3 days’ notice to other parties

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Interline Hydrocarbon Inc v Brenzil P/L & Anor [2003]QSC 322
PARTIES:	INTERLINE HYDROCARBON INC (plaintiff/respondent) v BRENZIL PTY LTD (ACN 051 348 353) (first defendant/applicant) NATIONWIDE OIL PTY LTD (ACN 006 383 364) (second defendant/applicant)
FILE NO/S:	S6229 of 2000
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	24 September 2003
DELIVERED AT:	Brisbane
HEARING DATE:	9 September 2003
JUDGE:	Mackenzie J
ORDER:	The trial of this action, appointed to commence on 27 October 2003 is adjourned to a date to be fixed1. The plaintiff have leave to file and serve its Reply and Defence to Counterclaim dated 21 August 20032. Within 14 days the plaintiff notify the defendants whether it intends to rely on facts with regard to other plants with which the plaintiff has been involved and if so:3. notify them of the nature of such facts; and(a) make any necessary further amendments to the pleadings.(b) *The plaintiff make disclosure in accordance with the Uniform Civil Procedure Rules* with regard to further issues raised pursuant to order 3 hereof within 21 days of complying with that paragraph 4. If pursuant to order 3, the plaintiff advises that no further amendments to pleadings are necessary the following directions shall apply:5. (a) the defendants serve within 7 days of such notification any request for further and better particulars of the reply dated 21 August 2003; (b) the plaintiff provide further and better particulars within 14 days of receipt of any request pursuant to order 5(a); (c) the defendants deliver any further experts’ reports and file and serve any further amendments to the defence and counterclaim within 14 days of delivery of the further and better particulars; (d) the experts for each party confer with each other within 21 days of delivery of the defendants’ further expert reports with a view to limiting the matters in issue between them; (e) following the conference between the experts, any further experts’ reports upon which either party wishes to rely shall be delivered to the other party or parties within 14 days of the completion of the conference If the plaintiff notifies the defendants that it intends to rely on facts with regard to other plants with which the plaintiff has been involved in accordance with order 3 the following directions shall apply:6. (a) the defendants serve any request for further and better particulars of the further amended pleadings within 21 days of completion of the disclosure provided for in order 4; (b) the plaintiff, within 14 days of receipt of a request for particulars under order 6(a), provide the further and better particulars;** (c) the defendants deliver any further experts’ reports upon which they intend to rely within 14 days of delivery of the further and better particulars referred to in order 6(b) and file and serve any further amendments to the defence and counterclaim or any pleading in answer to the amended reply and defence…