Walker Group Constructions v Bluescope Steel and QBE Insurance [2017] NSWSC 678

Walker Group Constructions v Bluescope Steel and QBE Insurance [2017] NSWSC 678

In the singular circumstances, WGC had spent over 10 years investigating the alleged structural defects, had obtained and provided detailed SCP Consulting reports forming the basis of the amended Scott Schedule, and had also obtained Dr Baigent's views. Because the alleged defects and proposed rectification methods were clearly identified, appointment of single experts for defects and rectification costs had at least a reasonable prospect of achieving a significant saving in time or cost without foreclosing clarification, cross-examination, or leave to adduce other expert evidence.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Common Law Proceedings; Notice of Motion Under UCPR R 31.37 / Interlocutory Application for Appointment of Single Experts
Outcome
Notice of motion granted; orders made for appointment of single experts.
Legal Topics
['appointment of Single Expert' 'expert Evidence' 'construction Defects' 'cost of Rectification' 'overriding Purpose']
['practice and Procedure' 'civil Procedure'] ['appointment of Single Expert' 'expert Evidence' 'construction Defects' 'cost of Rectification' 'overriding Purpose']

Case Brief

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Procedural Posture

Common Law Proceedings; Notice of Motion Under UCPR R 31.37 / Interlocutory Application for Appointment of Single Experts

Legal Issues

  1. 1 ['Whether a single expert should be appointed in relation to alleged defects in the amended Scott Schedule.' 'Whether a single expert should be appointed in relation to cost of rectification.' 'Whether appointment of single experts would facilitate a just, quick and cheap identification and resolution of the real issues in dispute.']

Ratio Decidendi

In the singular circumstances, WGC had spent over 10 years investigating the alleged structural defects, had obtained and provided detailed SCP Consulting reports forming the basis of the amended Scott Schedule, and had also obtained Dr Baigent's views. Because the alleged defects and proposed rectification methods were clearly identified, appointment of single experts for defects and rectification costs had at least a reasonable prospect of achieving a significant saving in time or cost without foreclosing clarification, cross-examination, or leave to adduce other expert evidence.

Court Disposition

Notice of motion granted; orders made for appointment of single experts.

Orders

  • ["Orders made in accordance with prayer 1 of Bluescope's notice of motion filed on 9 May 2017." 'The matter was to be stood over for a period of time.' 'The parties were to confer with a view to identifying appropriate experts, either one expert for each discipline or a panel of experts.']