46-50 Dening Street

LIMITATION OF ACTIONS - claim in tort - time of accrual of cause of action - when link between the physical manifestation and the underlying defect is known or ought to be known - what relevant knowledge is as to actual physical defect in the structure, not legal responsibility for the cause of the defect. TORTS - joint or several tort-feasors - contribution - other tort-feasor sued unsuccessfully not liable for contribution - Law Reform (Miscellaneous Provisions) Act 1946 (NSW), ss 5(1)(c) and 5(2). WORDS AND PHRASES - "date on which cause of action first accrues" - Limitation Act 1969 (NSW), s 14(1). WORDS AND PHRASES - "any other tort-feasor who is...liable" - Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(c).

CONTRIBUTION - whether a dismissal of main proceedings against a joint tortfeasor on a procedural basis precludes a claim for contribution by another joint tortfeasor - STATUTORY INTERPRETATION - whether the imposition of the statutory obligation on an owners corporation under s 62 of the Strata Schemes Management Act 1996 amounts to "damage" - REFEREES - adoption of report

REFEREES/REFERENCES - Whether the Referee's explanation impacts on findings previously made in judgment ([2009] NSWSC 208) - Whether Referee addressed matter remitted - Whether Report in respect of architect's liability for Contents Claim should be adopted - Whether architect's limitation defence available

STRATA TITLES - appeal from Local Court question of law Local Court Act 2007 s 39 - proceedings by owners corporation in the Local Court against strata member for unpaid strata levies and recovery costs - whether owners corporation had complied with Strata Titles Management Act 1996 s 80D(1) by having a general meeting approve the taking of that legal action - whether the taking of that legal action is exempted from the operation of Strata Titles Management Act s 80D under Strata Titles Management Regulation 2005, r 15. PROCEDURE - appeal under UCPR 50 to Supreme Court - appeal seven months out of time - whether time to appeal should be extended in the circumstances HELD: Time to appeal extended.

COSTS - of appeal - exception to the general rule that costs follow the event - omission to address the orders adequately COSTS - of trial - orders to provide separately for costs of claim and cross-claims PROCEDURE - civil - judgments and orders - appeal from orders entered on Court's computerized record system - how orders to be entered - orders on system to be self-contained

ORDERS - final orders in lengthy reference process - whether judgment should be entered on cross-claim for contribution - COSTS - numerous events in respect of which costs should follow - apportionment of costs in the circumstances

[COSTS] - Concurrent proceedings - complex multi-issue, multi-party case - nominal damages - costs of first set of proceedings as finalised