Strata One Pty Ltd

SP70030 · 58-60 PARK STREET NARRABEEN, NARRABEEN

COSTS –– plaintiff successful in notice of motion – undue prejudice suffered by defendants –– plaintiff ordered to pay second to fifth defendants’ costs of motion – first defendant did not appear, ordered to pay plaintiff’s costs of motion

SP70030 · 58-60 PARK STREET NARRABEEN, NARRABEEN

PRACTICE AND PROCEDURE – Claim for defective work – Notice of Motion application to rely on Amended List Statement – Whether leave should be granted to plaintiff rely on Amended List Statement and further allegations of defective work – Whether leave should be granted to rely upon further export reports – Balance of justice weighted in favour of plaintiff – Leave granted

SP70030 · 58-60 PARK STREET NARRABEEN, NARRABEEN

COSTS - whether costs should depart from the general rule costs as agreed or assessed - defendants treated as one defendant - Suitors' Fund Act 1951 - certificate granted