NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Owners Strata Plan 70335 v Walsh Bay Finance [2013] NSWSC 1623 Hearing dates: 18/10/2013 Decision date: 18 October 2013 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Order made for disclosure before evidence. Question of amendments stood over. Costs reserved. Catchwords: PRACTICE & PROCEDURE - disclosure - application for disclosure - where owners strata plan was not in existence at time building contract was entered and relevant works completed - where owners strata plan was unable to identify relevant parties of the building contract and their roles - Practice Note Eq 11 - exceptional circumstances - meaning of exceptional circumstances - principles to be applied
PRACTICE & PROCEDURE - application for leave to amend list statement - where application to amend made concurrently with application for disclosure - appropriate to determine application for disclosure prior to application to amend - s 56 Civil Procedure Act 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Leighton International v Hodges [2012] NSWSC 458 Category: Procedural and other rulings Parties: The Owners Strata Plan No. 70335 (Plaintiff) Wash Bay Finance Pty Ltd (First defendant) Bellingham Marine Australia Pty Ltd (Second defendant) International Marina Consultants Pty Ltd (Third defendant) Steve Watson and Partners Pty Ltd (Fourth defendant) Roads and Maritime Services (Fifth defendant) Representation: Counsel: G Inatey SC / JJ Young (Plaintiff) K Gill-Herdman (Solicitor) (First defendant) V Panicker (Solicitor) (Second defendant) LI Heather (Solicitor) (Third defendant) A Horvath (Fourth defendant) LB Gotlieb (Solicitor) (Fifth defendant) Solicitors: Grace Lawyers (Plaintiff) Corrs Chambers Westgarth (First defendant) Dibbs Barker Lawyers (Second defendant) DLA Piper (Third defendant) Wilshire Web Staunton Beattie Lawyers (Fourth defendant) Maddocks (Fifth defendant) File Number(s): 2013/174411
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