The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1144 Hearing dates: 10 August 2015 Decision date: 11 August 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Stevenson J Decision: Leave granted to plaintiff to rely on lay observational evidence apart from that relating to April 2015 storm event Catchwords: EVIDENCE – admissibility – discretion to exclude or limit the use of evidence – whether lay observational evidence adduced by plaintiff after cut-off date of "guillotine order" is evidence-in-chief or in reply – if in chief, whether leave should be given to adduce that evidence – whether defendants would be prejudiced if that evidence is admitted – whether use of evidence should be limited to exclude evidence of April 2015 storm event Category: Procedural and other rulings Parties: The Owners – Strata Plan No 74602 (Plaintiff) Brookfield Australia Investments Ltd (First Defendant) Brookfield Multiplex Constructions Pty Ltd (Second Defendant) Multiplex Corporate Agency Pty Ltd (Third Defendant) G James Glass & Aluminium Pty Ltd (Fourth Defendant) Representation: Counsel: F C Corsaro SC with A Thomas and O Fagir (Plaintiff) M Ashhurst SC with F P Hicks (First, Second and Third Defendants) D T Miller SC with C Purdy (Fourth Defendant)

Solicitors: Colin Biggers & Paisley (Plaintiff) Norton Rose Fulbright (First, Second and Third Defendants) Moray & Agnew (Fourth Defendant) File Number(s): SC 2012/76192