The Owners – Strata Plan No 93543 v Zhang [2021] NSWSC 277

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 93543 v Zhang [2021] NSWSC 277 Hearing dates: 22 March 2021 Date of orders: 22 March 2021 Decision date: 22 March 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to withdraw admissions refused Catchwords: PRACTICE AND PROCEDURE – application to withdraw admissions – admission in List Response that plaintiff owners corporation was entitled to benefit of statutory warranties – further admissions that defendant entered into a contract with the builder of the strata development and that the builder entered into contracts with contractors on behalf of defendant – application to withdraw admissions made on first day of a 5 day hearing – where admissions said to have been made as a result of an error by counsel then briefed and by present solicitor – where withdrawal of admissions would cause plaintiff to seek to investigate further facts hitherto admitted and result in vacation of hearing dates Legislation Cited: Home Building Act 1999 (NSW) Cases Cited: Ace Woollahra Pty Ltd v Owners - Strata Plan 61424 (2010) 77 NSWLR 613; [2010] NSWCA 101 Category: Procedural rulings Parties: The Owners – Strata Plan No 93543 (Plaintiff) Hui Zhang (Defendant) Representation: Counsel: A G Rogers (Plaintiff) P Moorehouse with J Tsang (Defendant)

Solicitors: Alexander Richards Lawyers (Plaintiff) Marando Solicitors (Defendant) File Number(s): 2018/382960