Strata Plan 61287 v Brookfield Multiplex Limited

In the case of Strata Plan 61287 v Brookfield Multiplex Limited, the Central Administration Registry of the Supreme Court of New South Wales was presented with a dispute involving two strata corporations. The primary issue was whether the proceedings involving both residential and commercial strata corporations, which had previously been consolidated due to a shared common substratum of facts, should be deconsolidated. The court also needed to determine whether the commercial corporation could rely on statutory warranties and whether the plaintiffs should be represented by one solicitor. Furthermore, the commercial strata corporation sought leave to supplement its liability and quantum evidence, raising concerns about the admissibility of expert evidence.

The court considered the argument that the commercial corporation's loss of faith in its solicitor constituted a sufficient change in circumstances to warrant deconsolidation. It also examined the defendants' concern that deconsolidation would result in issues such as double cross-examination of defendant witnesses. However, the court noted that the (NSW) Evidence Act provisions allowed it to control cross-examination, thereby attenuating the extent to which such issues would arise. The court concluded that the proceedings should be deconsolidated and heard together, with evidence in one proceeding being admissible in the other.

The court further addressed the commercial strata corporation's application to supplement its liability and quantum evidence. It acknowledged that deficiencies existed in the quantum evidence and recognised the differing views on the requirements for the admissibility of expert evidence. Nevertheless, the court emphasised that the paramount concern under the (NSW) Civil Procedure Act, section 56, was the just resolution of the proceedings. It determined that justice required the parties to be permitted to adduce relevant and admissible evidence, and that the only possible prejudice to the defendants was a potential delay in the hearing. Consequently, the court granted leave to the plaintiff to supplement its quantum and liability evidence.

The court issued orders deconsolidating the proceedings and permitting the commercial strata corporation to supplement its evidence. The proceedings were to be heard together, with the evidence in one proceeding being admissible in the other. This decision ensured that the interests of justice were served and that the parties could present all relevant and admissible evidence in the resolution of the dispute.