185-211 BROADWAY ULTIMO

CIVIL PROCEDURE – Pleadings – Particulars – Order sought for further particulars – Whether further particulars required – Where defendant has already filed List Response – Where matters were clarified by counsel during hearing of motion – Order for limited further particulars made

PROCEDURE — advance ruling under s 192A Evidence Act — whether defect reports prepared by quantity surveyor are business records — whether prepared for purpose of proceedings — s 69(3)(a), Evidence Act 1995 (NSW) — whether opinions expressed in business record admissible — limitation made under s 136 Evidence Act (NSW).

PROCEDURE — advance ruling under s 192A Evidence Act — claim by builder for unpaid amounts – cross-claim by owner for building defects — where owner’s expert relies on identification of defects by another, neither having expertise to identify defects — where owner’s quantity surveyor then relies on that evidence — advance rulings made.