Landtwo v Coffey Geosciences [2014] NSWSC 625

Landtwo v Coffey Geosciences [2014] NSWSC 625

The plaintiff's proposed limited reference out was not appropriate because it would refer only some liability and damage issues and omit others, and the Court's decision on the proper mode of resolution would be better informed after the geotechnical experts conferred and produced a joint report; the notice of motion was therefore dismissed with the possibility of a further application after that process.

Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Equity Division Technology and Construction List Proceeding Concerning Alleged Inadequacy of Retaining Wall Design / Plaintiff's Notice of Motion for Reference Out of Technical Issues
Outcome
Plaintiff's notice of motion for reference out dismissed; expert conclave and joint report directed; question of reference out may be raised by further application after that process.
Legal Topics
['reference Out' 'expert Evidence' 'joint Expert Report' 'expert Conclave' 'retaining Wall Design' 'rectification']
['civil Procedure' 'technology and Construction'] ['reference Out' 'expert Evidence' 'joint Expert Report' 'expert Conclave' 'retaining Wall Design' 'rectification']

Case Brief

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Procedural Posture

Equity Division Technology and Construction List Proceeding Concerning Alleged Inadequacy of Retaining Wall Design / Plaintiff's Notice of Motion for Reference Out of Technical Issues

Legal Issues

  1. 1 ['Whether specific technical issues concerning fitness for purpose, rectification and related matters should be referred out.' 'Whether, before deciding any reference out, the geotechnical experts should confer and produce a joint report identifying areas of agreement and disagreement.' 'Whether a partial reference of some liability and damage questions would be satisfactory.']

Ratio Decidendi

The plaintiff's proposed limited reference out was not appropriate because it would refer only some liability and damage issues and omit others, and the Court's decision on the proper mode of resolution would be better informed after the geotechnical experts conferred and produced a joint report; the notice of motion was therefore dismissed with the possibility of a further application after that process.

Court Disposition

Plaintiff's notice of motion for reference out dismissed; expert conclave and joint report directed; question of reference out may be raised by further application after that process.

Orders

  • ['Dismiss the notice of motion seeking reference out.' 'Direct the geotechnical experts retained by the parties to confer and produce a joint report for use in the proceedings, setting out areas of agreement, areas of disagreement, and reasons for disagreement.' 'Stand the matter over for directions at a time...