Owners Strata Plan 70335 v Walsh Bay Finance [2013] NSWSC 1623

Owners Strata Plan 70335 v Walsh Bay Finance [2013] NSWSC 1623

Exceptional circumstances exist, justifying an order for disclosure before evidence. These arise mainly because the plaintiff was not a party to nor in existence at the time of the contract, cannot otherwise know relevant facts necessary for its pleading, and must respond to possible strike-out applications.

Parties
Plaintiff: The Owners Strata Plan No. 70335; First Defendant: Wash Bay Finance Pty Ltd; Second Defendant: Bellingham Marine Australia Pty Ltd; Third Defendant: International Marina Consultants Pty Ltd; Fourth Defendant: Steve Watson and Partners Pty Ltd; Fifth Defendant: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
18 October 2013
Procedural Posture
Procedural and Other Rulings / Application for Disclosure Before Evidence; Leave to Amend Statement
Outcome
Order for disclosure before evidence made. Question of amendments stood over. Costs reserved.
Legal Topics
Disclosure, Application for Disclosure, Leave to Amend List Statement, Exceptional Circumstances, Civil Procedure Act 2005 (nsw)
Practice & Procedure Disclosure Application for Disclosure Leave to Amend List Statement Exceptional Circumstances Civil Procedure Act 2005 (nsw)

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Parties

The Owners Strata Plan No. 70335

Plaintiff

Wash Bay Finance Pty Ltd

First Defendant

Bellingham Marine Australia Pty Ltd

Second Defendant

International Marina Consultants Pty Ltd

Third Defendant

Steve Watson and Partners Pty Ltd

Fourth Defendant

Roads and Maritime Services

Fifth Defendant

Procedural Posture

Procedural and Other Rulings / Application for Disclosure Before Evidence; Leave to Amend Statement

Legal Issues

  1. 1 Whether exceptional circumstances exist sufficient to justify disclosure before evidence under Practice Note Eq 11
  2. 2 Appropriateness of determining application for disclosure before application to amend statements under s 56 Civil Procedure Act 2005 (NSW)

Ratio Decidendi

Exceptional circumstances exist, justifying an order for disclosure before evidence. These arise mainly because the plaintiff was not a party to nor in existence at the time of the contract, cannot otherwise know relevant facts necessary for its pleading, and must respond to possible strike-out applications.

Court Disposition

Order for disclosure before evidence made. Question of amendments stood over. Costs reserved.

Orders

  • Order in terms of prayer 2 of the notice of motion filed on 14 October 2013 for disclosure before evidence.
  • Documents to be disclosed by Monday 4 November 2013.