The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682 Hearing dates: 9 November 2015 Decision date: 12 November 2015 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff's amended notice of motion of 9 November 2015 is dismissed with costs Catchwords: PROCEDURE – application for leave to reopen – applicable principles – factors relevant to exercise of discretion – lengthy hearing – judgment reserved – material relevant to central question in case – explanation offered for failure to adduce evidence during hearing – prejudice to defendants – likelihood of need to re-convene hearing Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Australian Securities and Investments Commission v Rich [2006] NSWSC 826 Taouk v Louis (No. 1) [2014] NSWSC 656 The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1144 Category: Procedural and other rulings Parties: The Owners – Strata Plan No 74602 (Plaintiff) Brookfield Australia Investments Limited (First Defendant) Brookfield Multiplex Constructions Pty Limited (Second Defendant) Multiplex Corporate Agency Pty Ltd (Third Defendant) G James Glass & Aluminium Pty Ltd (Fourth Defendant) Representation: Counsel: A Thomas (Plaintiff) M Ashhurst SC (First, Second and Third Defendants) D T Miller SC (Fourth Defendant)