Strata Plan 99576 v Central Construct Pty Ltd [2023] NSWSC 212

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 99576 v Central Construct Pty Ltd [2023] NSWSC 212 Hearing dates: 10 March 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Equity Before: Darke J Decision: Application for stay of proceedings refused. Catchwords: CIVIL PROCEDURE – application for stay of proceedings – where defective building works the subject of the proceedings are also the subject of an investigation process under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) ("the Act") – where the investigation process may ultimately result in the making of orders against the defendants to carry out building rectification work – whether it is appropriate for the Court to order a stay of the proceedings to effectively allow the investigation process under the Act to proceed to a conclusion – stay refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW), Pt 5 Category: Procedural rulings Parties: Strata Plan 99576 (Plaintiff/Respondent) Central Construct Pty Ltd (First Defendant/First Applicant) Gosford Water Views Pty Ltd (Second Defendant/Second Applicant) Representation: Counsel: Mr F Corsaro SC (Plaintiff/Respondent) Mr B Le Plastrier (Defendants/Applicants)

Solicitors: Chambers Russell Lawyers (Plaintiff/Respondent) Norton Rose Fulbright (Defendant/Applicants) File Number(s): 2021/240577 Publication restriction: None