Australia, March 12 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 13:
1. The difficult case management issues thrown up by this List Statement amendment application show the unsatisfactory position that can result when an owners corporation of a large residential development in which defects emerge, hoping in due course to achieve a compromise with the builder, seeks to prove the existence of defects in a sample of units, without inspecting the remaining units, but adducing expert evidence that the observed defects are likely to be systemic. The problem arises if the owners corporation cannot settle with the builder and then adduces a further large body of evidence to prove that, in truth, the...