The Owners Strata Plan 83737 v Michael Santangelo & Barbara Czajka Pty Ltd [2024] NSWSC 167

The Owners Strata Plan 83737 v Michael Santangelo & Barbara Czajka Pty Ltd [2024] NSWSC 167

The applications to have damages heard separately and to appoint a single expert are dismissed because the issues of liability and quantum are closely connected and evidence overlaps, and appointing a single expert would be unfair given the parties' disputes over remediation methodology and cost.

Jurisdiction
Australia
Judgment Date
26 February 2024
Procedural Posture
Civil / Procedural Motions—application for Separate Determination of Questions and for Appointment of Single Expert
Outcome
Both the plaintiffs' and second and third defendants' motions are dismissed; costs to be costs in the cause.
Legal Topics
['separate Determination of Questions' 'appointment of Expert Witnesses' 'breach of Statutory Duty' 'remediation Costs in Construction Litigation']
['civil Procedure' 'evidence'] ['separate Determination of Questions' 'appointment of Expert Witnesses' 'breach of Statutory Duty' 'remediation Costs in Construction Litigation']

Case Brief

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Procedural Posture

Civil / Procedural Motions—application for Separate Determination of Questions and for Appointment of Single Expert

Legal Issues

  1. 1 ['Whether the amount of damages to which a party is entitled should be heard separately' 'Whether a single party expert should be appointed']

Ratio Decidendi

The applications to have damages heard separately and to appoint a single expert are dismissed because the issues of liability and quantum are closely connected and evidence overlaps, and appointing a single expert would be unfair given the parties' disputes over remediation methodology and cost.

Court Disposition

Both the plaintiffs' and second and third defendants' motions are dismissed; costs to be costs in the cause.

Orders

  • ["Plaintiffs' motion dismissed" "Defendants' motion dismissed" 'Costs to be costs in the cause']