Ristic v Quasar Constructions (Commercial) Pty Ltd [2022] NSWCATCD 86

Ristic v Quasar Constructions (Commercial) Pty Ltd [2022] NSWCATCD 86

It was a mistake in the name of the applicant, not in the substantial claim or standing, as the application was substantively for common property defects on behalf of the owners corporation, and all relevant statutory principles allow for rectification of such error in the interests of justice. Amendment is therefore permitted and takes effect from the original filing date.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Interlocutory Application / Amendment of Originating Process; Procedural Directions
Outcome
Order granting amendment; application name amended; directions hearing to be listed
Legal Topics
['amendment of Originating Process' 'party Substitution' 'limitation Periods' 'home Building Statutory Warranties' 'strata Law']
['civil Procedure'] ['amendment of Originating Process' 'party Substitution' 'limitation Periods' 'home Building Statutory Warranties' 'strata Law']

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Procedural Posture

Interlocutory Application / Amendment of Originating Process; Procedural Directions

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction and power to amend the name of an applicant in the originating process after expiry of a relevant limitation period' 'Whether the amendment to substitute The Owners - Strata Plan No 100469 for Ivan Ristic should be permitted, having regard to limitation defences and the interests of justice' 'Whether the mistake was as to the name of the party or as to the legal basis for standing']

Ratio Decidendi

It was a mistake in the name of the applicant, not in the substantial claim or standing, as the application was substantively for common property defects on behalf of the owners corporation, and all relevant statutory principles allow for rectification of such error in the interests of justice. Amendment is therefore permitted and takes effect from the original filing date.

Court Disposition

Order granting amendment; application name amended; directions hearing to be listed

Orders

  • ['The name of the applicant is amended from Ivan Ristic to The Owners - Strata Plan No 100469.' "The amendment of the applicant's name takes effect from 11 December 2021, being the date the original application was filed." 'Proceedings to be listed for directions before a Senior Member of the Tribunal at a date to...