Dynamic Property Services Pty Ltd

SP87881 · 2 CHIPPENDALE WAY CHIPPENDALE, CHIPPENDALE

COSTS — r 42.20(1), Uniform Civil Procedure Rules (2005) — owners of high-rise development bring four proceedings against developers, builder and others for building defects — fifth proceeding against developer dismissed as abuse of process — whether defendants entitled to costs of proceedings — whether “the Court orders otherwise” — principles at [2]-[4] — plaintiffs seeks to exclude substantial categories of costs as evidence relevant to remaining four proceedings and given suggested failures by defendants — no reason to make “orders otherwise”.

SP87881 · 2 CHIPPENDALE WAY CHIPPENDALE, CHIPPENDALE

SUMMARY DISPOSAL — owners of high-rise development bring four proceedings against developers, builder and others for building defects — building work rectification order issued to developers under Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) — owners commence fifth proceedings against developers only seeking declaratory relief in respect of rectification method to comply with order — cost of rectification may be $37M — whether declaration ‘purely hypothetical’ — principles at [79]-[81] — multiplicity of proceedings — multiplicity of legal representation — principles at [93]-[99] — potential inconsistent findings and affected parties not bound by any declaration — whether an abuse of process — whether proceedings should be dismissed, stayed or case managed with related proceedings —proceedings dismissed.

SP2661 · 1A EASTBOURNE ROAD DARLING POINT, DARLING POINT

CIVIL PROCEDURE – Civil and Administrative Tribunal Act s 41 – extension of time for compliance with orders – applicable principles