The Owners - Strata Plan No 89791 v FKP Constructions Pty Ltd [2024] NSWSC 1432

The Owners - Strata Plan No 89791 v FKP Constructions Pty Ltd [2024] NSWSC 1432

No costs order was appropriate because both parties engaged in unproductive, combative correspondence and failed to follow the proper procedural route of seeking pre-evidence disclosure by motion supported by expert evidence demonstrating exceptional circumstances, as required under Practice Note SC Eq 11.

Parties
Plaintiff: The Owners - Strata Plan No 89791; First Defendant: FKP Constructions Pty Ltd; Second Defendant: FKP SJYC Pty Ltd
Jurisdiction
Australia
Judgment Date
11 November 2024
Procedural Posture
Equity Technology and Construction List / Costs Application After Interlocutory Document Disclosure Dispute
Outcome
No order as to costs
Legal Topics
Costs, Disclosure of Documents, Practice Note SC Eq 11, Notice to Produce, Expert Evidence, Pre Evidence Disclosure
Civil Procedure Equity Construction Law Costs Disclosure of Documents Practice Note SC Eq 11 Notice to Produce Expert Evidence +1 more

Case Brief

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Parties

The Owners - Strata Plan No 89791

Plaintiff

FKP Constructions Pty Ltd

First Defendant

FKP SJYC Pty Ltd

Second Defendant

Procedural Posture

Equity Technology and Construction List / Costs Application After Interlocutory Document Disclosure Dispute

Legal Issues

  1. 1 Whether a costs order should be made relating to interlocutory steps over production of documents allegedly required by experts for reports
  2. 2 Whether appropriate procedure under Practice Note SC Eq 11 for pre-evidence disclosure was followed
  3. 3 Whether exceptional circumstances existed for early document disclosure

Ratio Decidendi

No costs order was appropriate because both parties engaged in unproductive, combative correspondence and failed to follow the proper procedural route of seeking pre-evidence disclosure by motion supported by expert evidence demonstrating exceptional circumstances, as required under Practice Note SC Eq 11.

Court Disposition

No order as to costs

Orders

  • No order as to costs