In the matter of Holideck Pty Limited [2015] NSWSC 2066

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Holideck Pty Limited [2015] NSWSC 2066 Hearing dates: 15 June 2015 Date of orders: 15 June 2015 Decision date: 15 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: The plaintiffs permit a building expert appointed in writing by the first defendant for that purpose to enter the property at a reasonable time or times for the purpose of inspecting the works the subject of the proceedings and reporting thereon, such inspection to be permitted at a reasonable time nominated by the said expert on not less than seven days' notice. Catchwords: PROCEDURE – inspection of property – whether order for inspection will enable proper determination of matter in question in proceedings – where application seeks an order that defendant consent to application for building certificate. Legislation Cited: (NSW) Civil Procedure Act 2005, s 26 (NSW) Uniform Civil Procedure Rules 2005, r 23.8 Cases Cited: Bland v Levi (2000) NSW ConvR ¶55-935; [2000] NSWSC 161 Texts Cited: Practice Note SC Gen 6 Category: Procedural and other rulings Parties: Steve Mason (first plaintiff) Anne Mason (second plaintiff) Holideck Pty Limited (ACN 081 644 653) (first defendant) Richard Arthur Burns (second defendant) Julia Denise Burns (third defendant) Mohacs Nominees Pty Limited (fourth defendant) Nicole Helen Page (fifth defendant) Representation: Counsel: H Altan (plaintiffs) A Rogers (first, second and third defendants) A McArthur (fifth defendant)