7 AUSTRALIA AVENUE SYDNEY OLYMPIC PARK

COSTS – indemnity costs – defendant makes unsuccessful application for advanced ruling on evidence pursuant to section 192A, Evidence Act 1995 (NSW) – plaintiff makes “walk away” offer – application more strange than novel – defendant asks the Court to depart from good law – rejection of offer unreasonable.

EVIDENCE – application for advance ruling – section 192A, Evidence Act 1995 (NSW) – builder seeks ruling that expert reports are inadmissible as irrelevant – case law review and principles regarding advance rulings at [40]-[50] – premature to make rulings sought where builder yet to serve evidence and trial date not allocated. CIVIL PROCEDURE – pleadings in Technology and Construction List – plaintiff’s pleadings initially defective – parties agree to provision of further particulars of defects through Scott Schedule – builder now insists on amendment to List Statement.