Supplier required to identify quarry locations used in housing development following defects dispute

The Court of Appeal dismissed an appeal from the High Court, upholding an order that required a supplier to identify specific locations within its quarries from which stone was extracted and supplied for use in a residential development affected by alleged structural defects linked to pyritic heave. The order was made to facilitate the inspection and sampling necessary for the plaintiffs, who face claims from homeowners, to advance their case for indemnity and contribution from the supplier. The appeal was primarily based on arguments that the High Court exceeded its jurisdiction under the Rules of the Superior Courts, that the order was procedurally unfair, unnecessary, and overly burdensome. The Court of Appeal rejected these arguments, finding the order both necessary and proportionate to ensure the efficient progress of litigation and uphold the right of access to justice, while noting that the supplier’s compliance costs would be recoverable if ultimately successful. The appeal was dismissed and the High Court's order affirmed, with costs provisionally awarded against the appellants.