Owners of Strata Plan 50946 v Multiplex Constructions (NSW) Pty Ltd & 4 Ors [2006] NSWSC 377

Owners of Strata Plan 50946 v Multiplex Constructions (NSW) Pty Ltd & 4 Ors [2006] NSWSC 377

The limitation issue raised by the defendants could not be determined at the interlocutory stage as questions of fact remained as to whether the alleged defects were latent and when the plaintiff first suffered economic loss. There is a triable issue regarding discoverability through reasonable diligence, and determination should wait for trial.

Parties
Plaintiff: Owners of Strata Plan 50946; First Defendant: Multiplex Constructions (NSW) Pty Ltd; Fifth Defendant: Fifth Defendant (name not specified)
Jurisdiction
Australia
Judgment Date
28 April 2006
Procedural Posture
Application to Strike Out/summary Dismissal (interlocutory) / Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Limitation of Actions, Latent Defects, Duty of Care, Economic Loss, Summary Dismissal, Building Defects
Practice and Procedure Tort Limitation of Actions Latent Defects Duty of Care Economic Loss Summary Dismissal Building Defects

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Owners of Strata Plan 50946

Plaintiff

Multiplex Constructions (NSW) Pty Ltd

First Defendant

Fifth Defendant (name not specified)

Fifth Defendant

Procedural Posture

Application to Strike Out/summary Dismissal (interlocutory) / Interlocutory Hearing

Legal Issues

  1. 1 Whether the plaintiff's causes of action are statute barred under section 14(1)(b) Limitation Act 1969 (NSW)
  2. 2 Whether limitation questions should be determined at an interlocutory stage
  3. 3 Whether the alleged defects are latent and when economic loss accrues

Ratio Decidendi

The limitation issue raised by the defendants could not be determined at the interlocutory stage as questions of fact remained as to whether the alleged defects were latent and when the plaintiff first suffered economic loss. There is a triable issue regarding discoverability through reasonable diligence, and determination should wait for trial.

Court Disposition

Application dismissed

Orders

  • Notices of motion of the first and fifth defendants dated 15 September 2005 and 14 December 2005 are dismissed with costs.
  • Order for indemnity costs declined.