The Owners - Strata Plan No 8075 v ESH Group Pty Ltd [2019] NSWDC 171

District Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 8075 v ESH Group Pty Ltd [2019] NSWDC 171 Hearing dates: 27 March 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Civil Before: Letherbarrow SC DCJ Decision: 1. I refuse to grant leave to the defendants to rely upon the two reports in question. 2. I dismiss the defendants' application to vacate the hearing. Catchwords: CIVIL PROCEDURE — Experts reports served in breach of Court orders – Leave to rely upon – Exceptional circumstances - Hearings – Adjournment application Legislation Cited: Uniform Civil Procedure Rules 2005, Part 31.28 Civil Procedure Act 2005, ss 56 – 60 Practice Note DC (Civil) No 1, Standard Orders For Hearings Category: Procedural and other rulings Parties: The Owners – Strata Plan No 8075 (plaintiff) ESH Group Pty Ltd (first defendant) Melhem Civil Engineering Pty Ltd (second defendant) 19A Frazer Street Collaroy Pty Ltd (third defendant) ESH Holdings Pty Ltd (fourth defendant) EB Property Holdings Pty Ltd (fifth defendant) The Hadd Group Pty Ltd (sixth defendant) Representation: Counsel: R Perla (plaintiff) P Folino-Gallo (first, second, third, fourth and fifth defendants)

Solicitors: Turks Legal (plaintiff) Blackstone Waterhouse Lawyers (first, second, third, fourth and fifth defendants) The Hadd Group (sixth defendant) File Number(s): 2016/00285463 Publication restriction: None