The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd [2024] NSWSC 1625

The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd [2024] NSWSC 1625

Despite the unsatisfactory conduct and delay by the plaintiff, it is just to allow the plaintiff to serve further expert evidence on defects in uninspected units, as the interests of justice and the potential magnitude of the alleged defects outweigh strict enforcement of case management discipline.

Parties
Plaintiff: The Owners - Strata Plan No 95242; First Defendant: Karimbla Properties (No 42) Pty Limited; Second Defendant: Karimbla Constructions Services (NSW) Pty Ltd; Third Defendant: Guardian Protection Services (Aust) Pty Ltd; Fourth Defendant: Plumb Group Pty Limited; Fifth Defendant: Saba Bros. Tiling Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Civil / Procedural Application for Leave to Adduce Further Expert Evidence
Outcome
Plaintiff granted leave to adduce further expert evidence, subject to conditions and timetable set by the court.
Legal Topics
Expert Evidence, Case Management, Technology and Construction List Procedures
Civil Procedure Construction Law Expert Evidence Case Management Technology and Construction List Procedures

Case Brief

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Parties

The Owners - Strata Plan No 95242

Plaintiff

Karimbla Properties (No 42) Pty Limited

First Defendant

Karimbla Constructions Services (NSW) Pty Ltd

Second Defendant

Guardian Protection Services (Aust) Pty Ltd

Third Defendant

Plumb Group Pty Limited

Fourth Defendant

Saba Bros. Tiling Pty Ltd

Fifth Defendant

Procedural Posture

Civil / Procedural Application for Leave to Adduce Further Expert Evidence

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to adduce further expert evidence regarding defects in all remaining units not previously inspected

Ratio Decidendi

Despite the unsatisfactory conduct and delay by the plaintiff, it is just to allow the plaintiff to serve further expert evidence on defects in uninspected units, as the interests of justice and the potential magnitude of the alleged defects outweigh strict enforcement of case management discipline.

Court Disposition

Plaintiff granted leave to adduce further expert evidence, subject to conditions and timetable set by the court.

Orders

  • Plaintiff to serve supplemental expert evidence by 6 June 2025 (unless extended on proper application).
  • Such further evidence is limited to uninspected units and to defects of the same nature as previously identified.