Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors [2011] NSWSC 1302

Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors [2011] NSWSC 1302

Deconsolidation is ordered because the commercial strata plan's loss of confidence in its previous solicitor is a sufficient change of circumstance to justify setting aside the consolidation order. Separate representation is warranted. Leave to supplement evidence is granted as it serves the just resolution of the proceedings, with no material prejudice to the defendants beyond possible delay, and such supplementation is consistent with the interests of justice.

Jurisdiction
Australia
Judgment Date
02 November 2011
Procedural Posture
Interlocutory Application / Application for Deconsolidation and Leave to Supplement Evidence
Outcome
Applications granted
Legal Topics
['deconsolidation of Proceedings' 'supplementary Evidence' 'statutory Warranties' 'expert Evidence Admissibility']
['practice and Procedure'] ['deconsolidation of Proceedings' 'supplementary Evidence' 'statutory Warranties' 'expert Evidence Admissibility']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Deconsolidation and Leave to Supplement Evidence

Legal Issues

  1. 1 ['Whether proceedings should be deconsolidated to permit separate representation for plaintiffs' 'Whether leave should be granted to plaintiffs to supplement evidence after previous directions']

Ratio Decidendi

Deconsolidation is ordered because the commercial strata plan's loss of confidence in its previous solicitor is a sufficient change of circumstance to justify setting aside the consolidation order. Separate representation is warranted. Leave to supplement evidence is granted as it serves the just resolution of the proceedings, with no material prejudice to the defendants beyond possible delay, and such supplementation is consistent with the interests of justice.

Court Disposition

Applications granted

Orders

  • ['Set aside the consolidation order of 20 November 2008.' 'Order that proceedings 55100/08 and 555034/08 be heard together, with evidence in one being evidence in the other.' 'Second plaintiff given leave to discontinue its claims against the third defendant.' 'Second plaintiff granted leave to file an amended List...