Veolia Energy Technical Services Pty Ltd v Roads and Maritime Services

Veolia Energy Technical Services Pty Ltd took action against Roads and Maritime Services, seeking indemnity for claims made under section 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) following an incident where a tree fell on a car. The claimant argued that the defendant's system for inspecting the road was inadequate, resulting in the tree falling. The case was heard by the Supreme Court of New South Wales.

The court was required to decide whether the claimant could amend its originating process to include additional expert reports and seek better particulars of an alternate system of inspection. The claimant also sought permission to use internet resources to prepare its case and argued that the defendant's delay in responding to the claim amounted to an admission of liability. The defendant opposed the application, arguing that the claimant had not provided sufficient information to justify the amendments and that the use of internet resources would be unfair.

The court found that the claimant had not provided sufficient information to justify the amendments to the originating process. The court also found that the use of internet resources would be unfair to the defendant and that the claimant's delay in preparing its case did not amount to an admission of liability by the defendant. The court dismissed the claimant's application for leave to amend its originating process, find better particulars of an alternate system of inspection, and use internet resources to prepare its case.

The court found that the claimant had not provided sufficient information to justify the amendments to the originating process. The court also found that the use of internet resources would be unfair to the defendant and that the claimant's delay in preparing its case did not amount to an admission of liability by the defendant. The court dismissed the claimant's application for leave to amend its originating process, find better particulars of an alternate system of inspection, and use internet resources to prepare its case. The court also awarded costs to the defendant.