185-211 Broadway

PROCEDURE — advance ruling under s 192A Evidence Act — whether defect reports prepared by quantity surveyor are business records — whether prepared for purpose of proceedings — s 69(3)(a), Evidence Act 1995 (NSW) — whether opinions expressed in business record admissible — limitation made under s 136 Evidence Act (NSW).

PROCEDURE — advance ruling under s 192A Evidence Act — claim by builder for unpaid amounts – cross-claim by owner for building defects — where owner’s expert relies on identification of defects by another, neither having expertise to identify defects — where owner’s quantity surveyor then relies on that evidence — advance rulings made.

REAL PROPERTY – STRATA MANAGEMENT – effect of Strata Schemes Management Act 2015 (NSW) s 104

Practice and procedure — Proceedings — Transfer of proceedings — Forum – application for summary dismissal or stay of proceedings – application for disclosure of details recorded on strata roll per Strata Schemes Management Act 2015 (NSW), ss 187, 188 and 232 – whether appropriate proceedings be transferred to NCAT – jurisdiction of Tribunal. LAND LAW — Strata title — Owners corporation —Strata roll – application for production from building manager of contact details of owners recorded on strata roll – Schemes Management Act 2015 (NSW), ss 187, 188 and 232 – jurisdiction of Tribunal.

CIVIL PROCEDURE – Pleadings – Particulars – Order sought for further particulars – Whether further particulars required – Where defendant has already filed List Response – Where matters were clarified by counsel during hearing of motion – Order for limited further particulars made

COSTS - Whether special circumstances warranting costs order - Conduct of both parties considered - Costs not proportionate

COSTS – dismissal of application for leave to appeal an interlocutory decision – s 60(2) of the Civil and Administrative Tribunal Act 2013 – whether special circumstances are established