Proceedings addressing five interlocutory applications, forming part of a dispute between the plaintiff, Santos, and the defendants, collectively Fluor, regarding a contract to perform certain works for the purpose of coal seam gas extraction.
The Court held that Fluor’s application for a revocation of the referral to referees and adjournment should be dismissed. The Court considered prior adjournments which had been granted, as well as the need for an expeditious resolution to the matter, giving particular regard to the timeline of the matter if such an adjournment were to be granted. The Court determined that the referees’ proposals to mitigate any impact on the opportunity for Fluor to answer evidence were sufficient.
Further, the Court allowed the applications to amend the respective pleadings, however directed that the parties may not make further amendments without leave of the court. In making this order, the Court considered the protracted length of the proceedings until that point and the need for the process of determination to occur without further delay.
Claire Schneider (with P O’Shea QC and A Stumer) appeared for the plaintiff, in structed by Corrs Chambers Westgarth.
The judgment is published here.