NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners Strata Plan No. 58068 v Fair Trading Administration Corporation [2008] NSWSC 1023
HEARING DATE(S) : 26/9/08 JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 26 September 2008
DECISION : Separate question ordered.
CATCHWORDS : Separate question orders
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY : Procedural and other rulings
CASES CITED : Idoport Pty Ltd v National Australia Bank Ltd (2000) NSWSC 1215
PARTIES : The Owners Strata Plan 58068 (Plaintiff) Fair Trading Administration Corporation (Defendant)
FILE NUMBER(S) : SC 55028/07
COUNSEL : Mr J J Young (Plaintiff) Miss E Olsson SC (Defendant)
SOLICITORS : Andreones (Plaintiff) Fair Trading Administration Corporation (Defendant)
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION
EINSTEIN J
Friday 26 September 2008 ex tempore Revised 29 September 2008
55028/07 The Owners Strata Plan No. 58068 v Fair Trading Administration Corporation
JUDGMENT
1 In proceedings no. 55028 of 2007, the defendant by notice of motion filed on 14 August 2008 seeks two groups of orders. 2 The first seeks leave to file an amended technology and construction list response, substantially in accordance with the document annexed and marked 'A' to the notice of motion. 3 That leave is unopposed, save for the plaintiff contending that it is entitled to an order that the defendant pay the costs of the plaintiff occasioned by reason of the amendment, which is an entirely appropriate order, and which order I make. 4 The second group of matters raised by the defendant in the notice of motion seeks pursuant to Rule 28.2 of the Uniform Civil Procedure Rules 2005, that a number of questions be determined separately and before any other question in the proceedings. 5 Originally the notice of motion sought to have six such questions determined separately, but during the course of argument the defendants limited the claim to separate question orders to the separate questions identified as (i), (ii), (iii) and (iv) in paragraph 2 of the notice of motion. 6 Those questions are as follows:
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