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ARTICLE · 14 MAY 2025

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A cautionary tale from the Technology and Construction List

Bartier Perry Solicitors
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Recent case highlights the risks of mismanaged litigation - indecision, inconsistent forensic strategy & delayed communication.

AustraliaLitigation, Mediation & Arbitration
Sharon Levy
Sharon Levy
Antoni Risteski
Antoni Risteski
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Case management is critical in civil litigation. Section 56 of the Civil Procedure Act 2005 (NSW)mandates that the overriding purpose of the rules is to facilitate the just, quick and cheap resolution of the real issues in dispute. The decision of Stevenson J in The Owners – Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd [2024] NSWSC 1625 is a timely reminder of the consequences of mismanaged litigation. It highlights the risks of indecision, inconsistent forensic strategy, and delayed communication — particularly where expert evidence forms the backbone of a plaintiff's case.

Background

The plaintiff, the owners corporation of a large residential development in Zetland known as "Symphony", commenced proceedings on 21 April 2023 alleging building defects across the 223-lot scheme. The claim was brought against the developer, builder, and subcontractors (all part of the Meriton Group) in the Supreme Court of New South Wales. The proceedings related to

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