| The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd (NSWSC) - leave to reopen - proceedings concerning alleged defects in strata title residential development - leave to reopen case to tender emails, photographs and documents refused |
| Summaries With Link (Five Minute Read) |
The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1682
Supreme Court of New South Wales
Stevenson J
Leave to reopen - alleged defects in strata title residential development - plaintiff was owners corporation - plaintiff sued builder and builder’s sub-contractor - plaintiff sought leave to reopen its case to tender emails, documents and photographs - relevance of material - explanation for failure to adduce evidence - prejudice - possibility of need to reconvene hearing - Evidence Act 1995 (NSW) - held: Court not prepared to allow owners corporation to reopen its case - motion dismissed.
The Owners
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