The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58

The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58

Leave to amend is granted to align pleadings with the evidence already served with the defendants' consent. However, due to case management considerations and the expiry of limitation periods, the amendments are to take effect only from the date of the application to amend, not from commencement of proceedings.

Parties
Plaintiff/applicant: The Owners - Strata Plan No 87639; First Defendant: Karimbla Properties (No4) Pty Ltd ACN 102165195; Second Defendant/first Respondent: Karimbla Construction Services Pty Ltd ACN 093419875; Third Defendant/second Respondent: Karimbla Construction Services Pty Ltd (NSW) ACN 152212809
Jurisdiction
Australia
Judgment Date
13 February 2025
Procedural Posture
Civil / Interlocutory Application for Leave to Amend Pleadings
Outcome
Leave to amend pleadings granted; amendments take effect only from date of application to amend
Legal Topics
Amendment of Pleadings, Limitation of Actions, Statutory Warranties, Case Management
Civil Procedure Building and Construction Law Amendment of Pleadings Limitation of Actions Statutory Warranties Case Management

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Parties

The Owners - Strata Plan No 87639

Plaintiff/applicant

Karimbla Properties (No4) Pty Ltd ACN 102165195

First Defendant

Karimbla Construction Services Pty Ltd ACN 093419875

Second Defendant/first Respondent

Karimbla Construction Services Pty Ltd (NSW) ACN 152212809

Third Defendant/second Respondent

Procedural Posture

Civil / Interlocutory Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend its pleadings to expand claims and incorporate further evidence and allegations of defect
  2. 2 Whether the amendments should take effect from the date of the application or commencement of proceedings, in light of applicable limitation periods

Ratio Decidendi

Leave to amend is granted to align pleadings with the evidence already served with the defendants' consent. However, due to case management considerations and the expiry of limitation periods, the amendments are to take effect only from the date of the application to amend, not from commencement of proceedings.

Court Disposition

Leave to amend pleadings granted; amendments take effect only from date of application to amend

Orders

  • Grant plaintiff leave to file Second Further Amended Technology and Construction List Statement
  • Amendments to pleadings take effect only from date of application to amend (11 November 2024)