The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd (No 2) [2024] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd (No 2) [2024] NSWSC 1538 Hearing dates: 28 November 2024 and written submissions Date of orders: 2 December 2024 Decision date: 02 December 2024 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag CJ in Eq Decision: Application for removal of the separate question to the Court of Appeal dismissed Catchwords: PRACTICE AND PROCEDURE – UCPR 1.21 – Reconsideration of the Court's conclusion that an order for determination of a separate question be revoked - Application for removal of proceedings on the separate question to the Court of Appeal – Where Court is of the view that the separate question is inappropriate – Application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd [2024] NSWSC 1519 Category: Procedural rulings Parties: The Owners Corporation SP 90832 (Plaintiff) Dyldam Developments Pty Ltd (First Defendant) Merfad Capital Pty Ltd (Second Defendant) Dix Gardner Group Pty Ltd (Third Defendant) All Stop Fire Systems Pty Ltd (Fourth Defendant) Complete Fire Doors Australia Pty Ltd (Fifth Defendant) 21st Century Electrical Pty Ltd (Sixth Defendant) Dux Plumbing Services Pty Ltd (Seventh Defendant) Airwin Airconditioning Pty Ltd (Eighth Defendant) Perpetual Building Solutions Pty Ltd (Ninth Defendant) A1 Seal Pty Ltd (Tenth Defendant) Representation: Counsel: J Hutton SC w S Murray (Plaintiff) R Cheney SC w A Cameron (Third Defendant)