The Owners – Strata Plan 64757 v Sydney Remedial Builders Pty Ltd [2021] NSWSC 536

The Owners – Strata Plan 64757 v Sydney Remedial Builders Pty Ltd [2021] NSWSC 536

Leave to amend granted as it was not sufficiently clear that the defendant’s proposed time bar plea was inconsistent with any admission or with the contract’s operation; the interpretation of practical completion date and certificate, as well as the definition's reference to dispute resolution (including litigation), requires further hearing.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Application to Amend List Response / Interlocutory
Outcome
Leave to amend granted
Legal Topics
['amendment of Pleadings' 'time Bar' 'building Contracts']
['civil Procedure'] ['amendment of Pleadings' 'time Bar' 'building Contracts']

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Procedural Posture

Application to Amend List Response / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to amend List Response to plead proceedings are statute barred under s 18E Home Building Act 1989 (NSW)' 'Whether the Certificate of Practical Completion is conclusive proof of practical completion date']

Ratio Decidendi

Leave to amend granted as it was not sufficiently clear that the defendant’s proposed time bar plea was inconsistent with any admission or with the contract’s operation; the interpretation of practical completion date and certificate, as well as the definition's reference to dispute resolution (including litigation), requires further hearing.

Court Disposition

Leave to amend granted

Orders

  • ['Grant leave to the Defendant to file an Amended List Response in the form that appears in Exhibit 1 at pp 43-50, save that the allegations which currently appear in cl 14(c) will now be incorporated into cl 14(b), thus making it clear that they relate only to the allegations contained in cl 14(b).' 'Parties to...