The Owners - Strata Plan No 8075 v ESH Group Pty Ltd

The matter before the court was between the Owners of Strata Plan No 8075 and ESH Group Pty Ltd. The dispute arose out of a breach of court orders pertaining to the service of expert reports. The defendants sought leave to rely on the reports despite the breach and applied to adjourn the hearing. The case was heard in the Supreme Court of New South Wales.

The primary legal issues were whether the court should grant leave to the defendants to rely on the expert reports that were served in breach of the court’s orders, and whether the application to adjourn the hearing should be granted. The court considered the circumstances under which leave might be granted under the relevant rules, as well as the consequences of the defendants’ conduct.

The court found that the defendants had failed to demonstrate exceptional circumstances that would warrant leave to rely on the reports. The court emphasised the importance of adhering to court orders and the potential prejudice to the plaintiffs if the reports were to be considered. The court also noted that the defendants’ conduct was not excusable and that there was no justification for the breach. In relation to the adjournment application, the court found that it was not appropriate to adjourn the hearing given the seriousness of the breach and the need for the matter to be resolved. The court dismissed the application, finding that there was no sufficient reason to warrant an adjournment.

The court refused to grant leave to the defendants to rely upon the two reports in question and dismissed the defendants' application to vacate the hearing. The court’s orders were that the defendants were not permitted to rely on the reports and the hearing proceeded as scheduled.