Owners of Strata Plan 58577 v Banmor Developments Finance Pty Limited and Others [2006] NSWCA 325

New South Wales Court of Appeal

CITATION: Owners of Strata Plan 58577 v Banmor Developments Finance Pty Limited and Others [2006] NSWCA 325

HEARING DATE(S): 17 August 2006

JUDGMENT DATE: 23 November 2006

JUDGMENT OF: Beazley JA at 1; Santow JA at 19; Basten JA at 20

DECISION: Leave to appeal granted. Appeal allowed. (See orders at [18])

CATCHWORDS: PRACTICE AND PROCEDURE – Discretion exercised in first instance to disallow further expert report under Uniform Civil Procedure Rules 2005 (NSW) – re-exercise of discretion where first expert disclaims competence, in particular specialised area – Allowance of further report on basis of justice to parties to the dispute despite tension with need for expeditious resolution of disputes.

LEGISLATION CITED: Supreme Court Rules 1970 (NSW): Pt 39 r1, r6, Uniform Civil Procedure Rules 2005 (NSW) r 31.33

CASES CITED: Jackamarra v Krakouer (1998) 195 CLR 516 State of Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146

OWNERS OF STRATA PLAN 58577 (Appellant) PARTIES: BANMOR DEVELOPMENTS FINANCE PTY LIMITED (ACN 094 969 141) (First Respondent) PLUIM CONSTRUCTIONS PTY LIMITED (ACN 001 029 198) (Second Respondent) RYDE CITY COUNCIL (Third Respondent)

FILE NUMBER(S): CA 40301/06

G SEGAL (Appellant) COUNSEL: J M IRELAND, QC (First and Third Respondents) G W McGRATH (Second Respondent)

Charles G Roth (Appellant) SOLICITORS: Toltz La Hood Lawyers (First Respondent) Tesoriero Henderson Cotter (Second Respondent) Pike Pike & Fenwick (Third Respondent)