NSW Caselaw
New South Wales Supreme Court
CITATION : The Owners Strata Plan No. 64622 v Australand Constructions Pty Limited [2009] NSWSC 1083
HEARING DATE(S) : 6 October 2009
JUDGMENT DATE : 9 October 2009
JUDGMENT OF : Hammerschlag J
DECISION : Referee's reports dated 12 November 2007, 17 December 2007 (except for paragraphs 80 to 83), 5 April 2008 and 3 August 2009 adopted. Judgment for the plaintiff for $819,113.00. Plaintiff's motion dated 21 August 2009 dismissed.
CATCHWORDS : PRACTICE AND PROCEDURE – Claim for damages by Owners' Corporation against builders for defective construction - reference to referee of both liability and quantum – referee reports on liability and quantum – parties agree that reports on liability should be adopted – parties also agreed on quantum of damages in respect of some defects – application by plaintiff that report on quantum should be rejected and application by defendants that report on quantum should be adopted – where referee rejected entirety of plaintiff's expert evidence on quantum and plaintiff accepts that even if admitted that evidence would not enable assessment of damages – application to lead quantum evidence of a different nature or admissible evidence of the same type rejected by the referee and for further hearing on damages in respect of defects where damages not agreed – relevant considerations – plaintiff's application refused – referee's report on quantum adopted – judgment for plaintiff in amount of damages agreed by parties.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005 (NSW)
CATEGORY : Principal judgment
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Troulis v Vamvoukakis [1998] NSWCA 237 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902 CASES CITED : Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Joyce v GIO (Supreme Court of New South Wales, Sheppard J, 21 July 1976, unreported) Aon Risk Services Australia Ltd v Australia National University [2009] HCA 27
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