The Owners Strata Plan No 72381 v Meriton Apartments Pty Limited [2015] NSWSC 442

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan No 72381 v Meriton Apartments Pty Limited [2015] NSWSC 442 Hearing dates: 8 April 2015 Decision date: 23 April 2015 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 34 of this judgment Catchwords: PRACTICE AND PROCEDURE – adoption of referee's report – expert conclave – whether expert under misapprehension that agreement with other expert was required at the expense of his own views – whether in the interests of justice not to adopt referee's report – referee not in error Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Coulton v Holcombe (1986) 162 CLR 1 The Owners Strata Plan 57504 v Building Insurers' Guarantee Corporation [2008] NSWSC 1285 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Super Pty Ltd (formerly known as Leda Constructions Pty Ltd) v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Category: Procedural and other rulings Parties: The Owners Strata Plan No 72381 (Plaintiff) Meriton Apartments Pty Limited (First Defendant) Karimbla Construction Services Pty Limited (Second Defendant) Representation: Counsel: GA Sirtes SC | J Knackstredt (Plaintiff) F Corsaro SC | L Shipway (Defendants)