Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors (No 2) [2011] NSWSC 1631

Supreme Court New South Wales

Medium Neutral Citation: Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors (No 2) [2011] NSWSC 1631 Hearing dates: Tuesday, 6 December 2011 Decision date: 06 December 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Proceedings adjourned Catchwords: PRACTICE AND PROCEDURE - Application for former solicitor to indemnify second plaintiff for costs ordered to be paid by it - indication that first plaintiff may make similar application - solicitor files evidence late - solicitor then proposes to rely on no evidence - findings against solicitor not lightly made but have serious consequences - prospect of inconsistent findings in associated proceedings - risk of injustice and inconsistent findings entail adjournment preferable course. Legislation Cited: (NSW) Civil Procedure Act 2005, s 99 Cases Cited: Strata Plan 61287 & Anor v Brookfield Multiplex Limited & Ors [2011] NSW SC 1302 Category: Procedural and other rulings Parties: Owners Corporation SP 61287 (first plaintiff) Owners Corporation SP 61288 (second plaintiff/applicant on notice of motion) Brookfield Multiplex Limited (first defendant) Multiplex Corporate Agency Pty Limited (second defendant) Building Insurers Guarantee Corporation (third defendant) David Maccallum (respondent) Representation: Counsel: F Corsaro SC with P Bambagiotti (second plaintiff/applicant) D Weinberger with T Gordon (respondent) Solicitors: Grace Lawyers Pty Ltd (applicant) Colin Biggers Paisley (respondent) File Number(s): 2008/290669