The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd

The plaintiff, The Owners - Strata Plan No 95242, sought to adduce expert evidence in relation to defects in some units within a strata development. The defendant, Karimbla Properties (No 42) Pty Ltd, contested the admissibility of this evidence. The matter was heard in the Supreme Court of New South Wales. The primary issue for the court was whether the plaintiff was entitled to adduce expert evidence based on an inspection of some but not all units, and whether this was permissible under the rules of civil procedure.

The court considered the rules of civil procedure which require expert evidence to be based on sufficient and appropriate inspection of the subject matter. The plaintiff's expert had inspected some but not all of the units affected by the alleged defects. The court noted that the plaintiff had failed to demonstrate that the evidence from the inspected units was sufficient to address the alleged defects in all units. Furthermore, the plaintiff's delay in seeking leave to adduce the expert evidence was deemed unreasonable. The court held that the plaintiff was not entitled to adduce the expert evidence as it was not based on a comprehensive inspection of all affected units.

The court found in favour of the defendant. The plaintiff's application to adduce expert evidence was dismissed. The court emphasised the importance of timely and comprehensive inspection when relying on expert evidence in strata disputes. The court made no orders as to costs.