The Owners - Strata Plan No 61162 v Lipman; The Owners - Strata Plan No 61162 v Building Insurers' Guarantee Corporation [2014] NSWSC 482

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 61162 v Lipman; The Owners - Strata Plan No 61162 v Building Insurers' Guarantee Corporation [2014] NSWSC 482 Hearing dates: 24/03/2014 Decision date: 24 March 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: Order that report of referee be adopted with agreed variations. Interest to be allowed in accordance with the rules. Reserve costs. Catchwords: BUILDING AND CONSTRUCTION - Referees' Reports - adoption - whether referee took correct approach in reaching his determination - whether to adopt referee's report with variations

PROCEDURE - Interest - Prejudgment interest - whether delay warrants a reduction in the rate of interest under Civil Procedure Act 2005 or in the time for which interest is to be allowed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Building Insurers' Guarantee Corporation v The Owners SP 60848 [2012] NSWCA 375 Lovick and Son Developments Pty Limited v Doppstadt Australia Pty Limited (No 3) [2013] NSWSC 135 Category: Principal judgment Parties: The Owners - Strata Plan No. 61162 (Plaintiff) (2005/270930) Lipman Pty Limited (Defendant) The Owners - Strata Plan No. 61162 (Plaintiff) (2005/271047) Building Insurers' Guarantee Corporation (Defendant) Representation: Counsel: JJ Young (Plaintiff) P Bambagiotti (Defendant) (BIGCORP) S Goldstein (Defendant) (Lipman) Solicitors: Doyle Edwards Anderson Lawyers (Plaintiff) Bannermans Lawyers (Defendant) (Lipman) Mills Oakley Lawyers (Defendant) (BIGCORP) File Number(s): 2005/270930 and 2005/271047