Macmahon Contractors Pty Ltd v Cw-Dc Pty Ltd

In the Federal Circuit Court of Australia, Macmahon Contractors Pty Ltd sought to strike out the indorsement of claim and amended statement of claim filed by Cw-Dc Pty Ltd. The dispute centred around a contract between the parties, which involved the construction of a project. The legal issues before the court were whether the indorsement of claim and amended statement of claim were filed within the appropriate time frame and whether they disclosed a reasonable cause of action.

The court considered that the indorsement of claim was filed within the statutory time limit, but the amended statement of claim was not. However, the court found that the indorsement of claim was defective as it did not set out the relevant jurisdictional facts. The court also found that the amended statement of claim, although filed out of time, was nevertheless allowed as it was filed promptly after the indorsement of claim was struck out. The court held that the amended statement of claim disclosed a reasonable cause of action and that the matter should proceed to trial.

The court dismissed the application to strike out the indorsement of claim and allowed the application to strike out the amended statement of claim. However, the court permitted the filing of the amended statement of claim and ordered that the matter proceed to trial. The court also ordered that the parties bear their own costs of the application.