The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd [2024] NSWSC 741

The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd [2024] NSWSC 741

Leave to rely on supplementary expert reports served after the guillotine order is refused because the explanation for delay was not adequate, comprehensive, or candid.

Parties
Plaintiff/applicant: The Owners - Strata Plan No. 94784; First Defendant/respondent: Mirvac Projects Pty Ltd; Second Defendant/respondent: Mirvac Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Civil Procedural Ruling / Motion for Leave to Rely on Late Served Expert Reports
Outcome
Leave to rely on late-served expert reports refused; notice of motion stood over for further evidence.
Legal Topics
Guillotine Orders, Expert Evidence, Late Service of Reports, Adequacy of Explanations
Civil Procedure Guillotine Orders Expert Evidence Late Service of Reports Adequacy of Explanations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Owners - Strata Plan No. 94784

Plaintiff/applicant

Mirvac Projects Pty Ltd

First Defendant/respondent

Mirvac Constructions Pty Ltd

Second Defendant/respondent

Procedural Posture

Civil Procedural Ruling / Motion for Leave to Rely on Late Served Expert Reports

Legal Issues

  1. 1 Whether leave should be granted to rely on late-served supplementary expert reports in breach of guillotine orders
  2. 2 Whether explanation for delay was adequate, comprehensive, and candid

Ratio Decidendi

Leave to rely on supplementary expert reports served after the guillotine order is refused because the explanation for delay was not adequate, comprehensive, or candid.

Court Disposition

Leave to rely on late-served expert reports refused; notice of motion stood over for further evidence.

Orders

  • The Owners Corporation to serve any further evidence in support of its motion by 5pm on Wednesday 19 June 2024.
  • Notice of motion stood over to the motions list on 21 June 2024.