The Owners - Strata Plan No 89791 v FKP Constructions Pty Ltd [2024] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 89791 v FKP Constructions Pty Ltd [2024] NSWSC 1432 Hearing dates: On the papers; written submissions 28 and 31 October 2024 and 4 November 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: No costs order made Catchwords: COSTS – dispute concerning production of documents said to be required by experts to conclude their reports – appropriate course to seek pre-evidence disclosure and demonstrate exceptional circumstances for the purposes of Practice Note SC Eq 11 – combative correspondence exchanged leading instead to service of notice to produce – production ultimately agreed on limited basis – appropriate costs order Legislation Cited: Civil Procedure Act 1995 (NSW) Cases Cited: Blacktown City Council v Allen Jack + Cottier Architects Pty Ltd [2023] NSWSC 1305 Ken Tugrul v Tarrants Financial Consultants Pty Limited (No 5) [2014] NSWSC 437 Skyscanner Ltd v Hotels Combined Pty Ltd [2016] NSWSC 183 The Owners - Strata Plan 69567 v Baseline Constructions Pty Ltd [2012] NSWSC 502 The Owners - Strata Plan No 76902 v Roads and Maritime Services [2017] NSWSC 528 Texts Cited: Practice Note SC Eq 11 Category: Costs Parties: The Owners - Strata Plan No 89791 (Plaintiff) FKP Constructions Pty Ltd (First Defendant) FKP SJYC Pty Ltd (Second Defendant) Representation: Counsel: D S Weinberger (Plaintiff) B Le Plastrier (Defendants)