The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 2) [2024] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd (No 2) [2024] NSWSC 782 Hearing dates: 21 June 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Grant leave to the plaintiff to rely upon its supplementary expert reports; plaintiff to pay the costs of the defendant on a gross sum basis; solicitor on the record for the plaintiff to show cause why he should not personally meet the costs order made in relation to the plaintiff's motion for leave Catchwords: CIVIL PROCEDURE – guillotine orders – expert reports served late in face of guillotine order – whether leave to rely on late served reports should be granted – where evidence is of importance to plaintiff's case – where no specific prejudice to the defendant – where no suggestion that the plaintiff itself is responsible for the delay – where solicitor to show cause why he should not pay costs of the application and not charge plaintiff for work done in relation to the application Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: The Owners - Strata Plan No. 94784 v Mirvac Projects Pty Ltd [2024] NSWSC 741 Category: Procedural rulings Parties: The Owners - Strata Plan No. 94784 (Plaintiff/Applicant) Mirvac Projects Pty Ltd (First Defendant/Respondent) Mirvac Constructions Pty Ltd (Second Defendant/Respondent) Representation: Counsel: F Corsaro SC (Plaintiff/Applicant) R Cheney SC / A A Cameron (Defendants/Respondents)