Strongbuild Pty Ltd v Lam [2020] NSWSC 820

Strongbuild Pty Ltd v Lam [2020] NSWSC 820

Although there was some substance in the plaintiff's contention that some newly alleged defects could have been raised earlier, the plaintiff did not contend that it could not meet the new claims in the three months before hearing. Leave was therefore granted to rely on the three further reports, but because the defendants appeared likely to require further evidence for at least some new defects, a guillotine order was made requiring any supplementary reports by a fixed date and precluding reliance on reports not served by then.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Civil Procedure Application to Rely on Further Evidence / Procedural Ruling Before Five Day Hearing Commencing 21 September 2020
Outcome
Defendants granted leave to serve further evidence, subject to a guillotine order, and ordered to pay the plaintiff's costs of the application.
Legal Topics
['application to Rely on Further Evidence' 'guillotine Order' 'expert Evidence' 'defective Works Claim']
['civil Procedure' 'building and Construction'] ['application to Rely on Further Evidence' 'guillotine Order' 'expert Evidence' 'defective Works Claim']

Case Brief

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Procedural Posture

Civil Procedure Application to Rely on Further Evidence / Procedural Ruling Before Five Day Hearing Commencing 21 September 2020

Legal Issues

  1. 1 ['Whether the defendants should be granted leave to rely on three further expert reports increasing their defective works claim.' 'Whether directions should be made to control any further supplementary evidence by the defendants before trial.']

Ratio Decidendi

Although there was some substance in the plaintiff's contention that some newly alleged defects could have been raised earlier, the plaintiff did not contend that it could not meet the new claims in the three months before hearing. Leave was therefore granted to rely on the three further reports, but because the defendants appeared likely to require further evidence for at least some new defects, a guillotine order was made requiring any supplementary reports by a fixed date and precluding reliance on reports not served by then.

Court Disposition

Defendants granted leave to serve further evidence, subject to a guillotine order, and ordered to pay the plaintiff's costs of the application.

Orders

  • ['I grant leave to the defendants to rely upon the report of WT Partnership of 17 April 2020, Stubbs Cruickshank of 22 May 2020, and NSW Building Consultants of 26 May 2020.' 'I direct that the defendants serve any reports supplementing the referred to in the preceding order by 5pm on 10 July 2020.' 'I order that...