Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1524

New South Wales Supreme Court

CITATION : Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1524

HEARING DATE(S) : 16 December 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 16 December 2010

DECISION : Tender rejected

CATCHWORDS : EVIDENCE – Expert evidence – where single expert appointed – whether report of another expert should be admitted – where expert reports tendered by annexure to affidavit of a party

CATEGORY : Consequential orders

Veronica & Raffaele Stolfa (plaintiffs) PARTIES : Owners Strata Plan 4366 (first defendant) John Hempton & Joanna Kalowski (second defendants) Stephen Hempton (third defendant)

FILE NUMBER(S) : SC 2007/256199

COUNSEL : M A Ashhurst SC (plaintiffs) PWJ Gray SC w Ms P E Koroknay (second & third defendants)

SOLICITORS : W G McNally Jones Staff (plaintiffs) David Le Page (second & third defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Thursday, 16 December 2010

2007/256199 Veronic Stolfa and Raffaele Stolfa v The Owners Strata Plan No 4366 & Ors JUDGMENT (ex tempore) 1 HIS HONOUR: Following the substantive judgment given in these proceedings on 26 June 2009, on 27 July 2009 the court made a number of directions to progress the inquiry as to damages, including: (6) Direct that within fourteen days of notification of practical completion [of the works to unit 3], the parties instruct Mr Branch to provide a supplementary report setting out: (a) which of the defects identified in his report of 28 February 08 were caused by the building works undertaken by the second and third defendants; (b) what if any further defects identified in and about Unit 2 since 28 February 08 have been caused by the building work undertaken by the second and third defendants; and (c) a recommended Scope of Works for rectification of the defects so identified; (7) Direct that within 21 days after Mr Branch's supplementary report is given to the parties, the plaintiff serve three itemised quotations for the performance of rectification works in accordance with Mr Branch's recommended Scope of Works.