Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 685

New South Wales Supreme Court

CITATION : Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 685

HEARING DATE(S) : 25 June 2007 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 25 June 2007

DECISION : Opinion of architect director of a party admitted. Evidence of witness excluded as liable to cause undue waste of time.

CATCHWORDS : EVIDENCE – Opinion – expert – whether architect qualified to give evidence of reasonable refurbishment of commercial building – Makita v Sprowles – whether basis of opinion sufficiently explained – EVIDENCE – valuation – where evidence tendered as to experience of noise in "comparable" apartment – where ample evidence already tendered of noise experience in more readily comparable apartments – undue waste of time

LEGISLATION CITED : (NSW) Evidence Act 1995 s 135

CASES CITED : Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705

Joan Street (first plaintiff) Ros Dwyer (second plaintiff) Michael Hesse (third plaintiff) Glen Eight Pty Ltd (fourth plaintiff) Susan Hesse (fifth plaintiff) PARTIES : Robert Simkin (sixth plaintiff) Glen Federick Billington (seventh plaintiff) Fiona Jeanette Billington (eighth plaintiff) Luna Park Sydney Pty Ltd (first defendant) Metro Edgley Pty Ltd (second defendant) Peter Hearne (third defendant) Warwick Doughty (fourth defendant)

FILE NUMBER(S) : SC 2267/05

Mr T Alexis SC w Ms P M Sibtain (plaintiffs) COUNSEL : Mr T G Parker SC w Mr J A Potts (first & second defendants) Mr J R Clarke (third & fourth defendants)