60 DUFFY AVENUE THORNLEIGH

PRACTICE AND PROCEDURE – Costs – Departing from the general rule – Late joinder of a defendant – Plaintiff’s delay in conduct of proceedings – Claims that failed or were abandoned – Expert reports prepared but not relied on – Costs as between the defendants PRACTICE AND PROCEDURE – Costs – Interest on costs – Where plaintiff guilty of unexplained delays – Whether reasons for delay are relevant to question of whether interest on costs should be awarded

BUILDING AND CONSTRUCTION - adoption of referee's report - UCPR, r 20.24 - application of parties opposing adoption of referee's report on certain matters - whether third defendant developer a "developer" under Home Building Act 1989 (NSW), s 3A and thus liable to plaintiff owners corporation under s 18C for contractor's breach of s 18B implied warranties - whether claim brought under s 18C an apportionable claim - whether referee erred in selecting cheaper option for rectification of laundry waste defects - where referee applied relevant Australian Standard but failed to consider compliance with contractual specification - where insistence on contractual compliance not unreasonable - Bellgrove v Eldrige and Tabcorp Holdings Ltd v Bowen Investments Pty Ltd - whether plaintiff failed to mitigate its loss by pursuing claim against second defendant insurer diligently - whether third defendant entitled to indemnity from first defendant insurer - whether certain defects due to design default and thus excluded from cover by terms of insurance policy - where multiple causes of damage and not all causes covered by insurance policy - Wayne Tank principle BUILDING AND CONSTRUCTION - adoption of referee's report - where issue before referee raised questions of law, court to consider the issue afresh - whether developer able to be held liable under s 18C where contractor not in breach of s 18B implied warranties - whether defect within scope of contractor's duty

PROCEDURE - Subpoenas - Application to set aside - Waiver of legal professional privilege - Was privilege waived by failure of counsel to object to questions in cross-examination?