Taylor v The Owners - Strata Plan 11564 (No 2)

The case of Taylor v The Owners - Strata Plan 11564 (No 2) involved the plaintiff, Taylor, suing the owners of a strata plan, Strata Plan 11564, for damages arising from a compensation to relatives action. The dispute centred on the assessment of damages, which was detailed and complex, and the possibility of promoting a settlement. The matter was heard in the Supreme Court of New South Wales. The court was required to determine whether a separate determination of the proposed set of questions would facilitate the just, quick and cheap resolution of the proceedings. The court also had to consider the costs associated with a separate question and whether there was any reason to displace the usual course of proceeding with the trial.

The court considered the nature of the dispute and the complexity of the damages assessment. It was noted that the damages were detailed and complex, and that the promotion of settlement was unlikely. The court also took into account the significant costs associated with a separate question. The court held that there was no reason to displace the usual course of proceeding with the trial, and that there was no point of general principle that would justify a separate determination of the proposed set of questions. The court held that the just, quick and cheap resolution of the proceedings would be best achieved by proceeding with the trial.

The court's reasoning was based on the need for a just, quick and cheap resolution of the proceedings. The court held that a separate determination of the proposed set of questions would not achieve this outcome, and that the significant costs associated with such a separate question outweighed any potential benefits. The court also noted that there was no point of general principle that would justify a separate determination of the proposed set of questions. The court held that the usual course of proceeding with the trial was the most appropriate course of action.

The court ordered that the proceedings would proceed with the trial, and that there would be no separate determination of the proposed set of questions. The court also ordered that the parties bear their own costs associated with the proceedings. The court held that this outcome was the most appropriate course of action, given the nature of the dispute and the complexity of the damages assessment.