Karimbla Construction Services (NSW) Pty Ltd v Northern Beaches Council [2021] NSWLEC 84

Karimbla Construction Services (NSW) Pty Ltd v Northern Beaches Council [2021] NSWLEC 84

The lateness and additional costs of allowing the amended contentions did not outweigh the need for the issues to be determined for a just resolution; a single quantity surveying expert is appropriate given the subject matter and considerations of both parties’ proposed experts—Mr Stephen Bolt has superior experience as a court expert and is to be appointed.

Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Class 1 / Procedural Ruling on Interlocutory Notice of Motion
Outcome
Leave granted and directions made
Legal Topics
['leave to Amend Statement of Facts and Contentions' 'appointment of Single Expert' 'quantity Surveying Evidence']
['civil Procedure'] ['leave to Amend Statement of Facts and Contentions' 'appointment of Single Expert' 'quantity Surveying Evidence']

Case Brief

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Procedural Posture

Class 1 / Procedural Ruling on Interlocutory Notice of Motion

Legal Issues

  1. 1 ['Whether the Council should be granted leave to rely on an amended statement of facts and contentions (particular paragraphs)' 'Whether a single party quantity surveying expert should be appointed, and whom to select']

Ratio Decidendi

The lateness and additional costs of allowing the amended contentions did not outweigh the need for the issues to be determined for a just resolution; a single quantity surveying expert is appropriate given the subject matter and considerations of both parties’ proposed experts—Mr Stephen Bolt has superior experience as a court expert and is to be appointed.

Court Disposition

Leave granted and directions made

Orders

  • ['Council granted leave to amend its Statement of Facts and Contentions per draft as amended; to file and serve by 10am on 12 July 2021.' 'Applicant granted leave to file and serve any Amended Statement of Facts and Contentions in Reply by 10am on 14 July 2021.' 'Parties to jointly engage Stephen Bolt (WT...