The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 2) [2024] NSWSC 782

The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 2) [2024] NSWSC 782

The Court granted the plaintiff leave to rely upon the late-served expert reports as the evidence was of importance to the plaintiff's case, no specific prejudice to the defendant was substantiated, and there was no suggestion the plaintiff was responsible for the delay. However, the plaintiff must pay the costs of the defendant incurred by the application.

Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Procedural Ruling / Interlocutory (leave to Rely on Expert Evidence; Costs Order)
Outcome
Plaintiff granted leave to rely on late-served expert reports; plaintiff to pay defendant's costs; solicitor for plaintiff to show cause regarding personal liability for costs.
Legal Topics
['guillotine Orders' 'leave for Late Service of Expert Reports' 'costs Orders' "solicitor's Personal Liability for Costs"]
['civil Procedure'] ['guillotine Orders' 'leave for Late Service of Expert Reports' 'costs Orders' "solicitor's Personal Liability for Costs"]

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Procedural Posture

Procedural Ruling / Interlocutory (leave to Rely on Expert Evidence; Costs Order)

Legal Issues

  1. 1 ['Whether leave should be granted for the plaintiff to rely on expert reports served late in the face of a guillotine order' 'Whether the plaintiff or its solicitor should bear the costs incurred from the late service']

Ratio Decidendi

The Court granted the plaintiff leave to rely upon the late-served expert reports as the evidence was of importance to the plaintiff's case, no specific prejudice to the defendant was substantiated, and there was no suggestion the plaintiff was responsible for the delay. However, the plaintiff must pay the costs of the defendant incurred by the application.

Court Disposition

Plaintiff granted leave to rely on late-served expert reports; plaintiff to pay defendant's costs; solicitor for plaintiff to show cause regarding personal liability for costs.

Orders

  • ['Plaintiff granted leave to rely on supplementary expert reports.' 'Plaintiff to pay the costs of the defendant on a gross sum basis.' "By 26 July 2024, solicitor on the record for the plaintiff to show cause why he should not personally meet the costs order made in relation to the plaintiff's motion for leave and...