Parkside’s Deanna Law acted for the Plaintiff in Sunnic Engineering Limited v Unistress Building Construction Limited (HCCT 46/2023) in which she successfully obtained an order for the production of key construction records in a technically complex construction dispute concerning rock-socketed steel H-pile works.
The decision reinforces the importance of targeted disclosure where technical evidence lies at the heart of the issues in dispute. The Court was persuaded by Ms Law’s submissions that key construction records in the form of coring test records were not only relevant but necessary for the fair disposal of the proceedings.
In a carefully reasoned judgment, the Court accepted that the documents could be pivotal in determining whether the replacement contractor’s piling works had, in fact, complied with the contractual specifications or whether the works had ultimately been accepted based on a variation to those specifications. The Court therefore ordered production of the documents sought and awarded the Plaintiff its costs of the application.
The judgment is a notable example of the strategic use of specific discovery in technically sophisticated construction litigation, demonstrating how carefully framed applications can secure evidence capable of reshaping the factual landscape of a complex case.
The decision appears here
Read more about Deanna here
