Brierley v Proprietors of Strata Plan No 38936 & Ors [1999] NSWSC 278

Brierley v Proprietors of Strata Plan No 38936 & Ors [1999] NSWSC 278

Leave to amend cross-claims is granted because the issues raised in amendments were substantially covered by existing evidence and any prejudice to cross-defendants can be managed procedurally or by costs orders. It is desirable for all issues to be litigated, and objections based on lateness and prejudice are not determinative.

Parties
Plaintiff: Simon Stuart Brierley; Defendant, First Cross Claimant, Fourth Cross Defendant, Seventh Cross Claimant: The Proprietors of Strata Plan No 38936; First Cross Defendant, Fourth Cross Claimant, Fifth Cross Claimant: Bright & Duggan Pty Limited; Fifth Cross Defendant: Meriton Apartments Limited; Seventh Cross Defendant: Accurate Pools Pty Limited (PMA Electrical Pty Limited); Defendant: A D M Hewitt
Jurisdiction
Australia
Judgment Date
01 April 1999
Procedural Posture
Application to Amend Cross Claims / Interlocutory (application to Amend)
Outcome
Leave to amend granted.
Legal Topics
Negligence, Cross Claims, Leave to Amend, Duty of Care
Tort Law Civil Procedure Negligence Cross Claims Leave to Amend Duty of Care

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 5 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Simon Stuart Brierley

Plaintiff

The Proprietors of Strata Plan No 38936

Defendant, First Cross Claimant, Fourth Cross Defendant, Seventh Cross Claimant

Bright & Duggan Pty Limited

First Cross Defendant, Fourth Cross Claimant, Fifth Cross Claimant

Meriton Apartments Limited

Fifth Cross Defendant

Accurate Pools Pty Limited (PMA Electrical Pty Limited)

Seventh Cross Defendant

A D M Hewitt

Defendant

Procedural Posture

Application to Amend Cross Claims / Interlocutory (application to Amend)

Legal Issues

  1. 1 Whether leave should be granted to amend cross-claims to include new allegations of breach and negligence
  2. 2 Whether prejudice would result to cross-defendants by allowing the amendments

Ratio Decidendi

Leave to amend cross-claims is granted because the issues raised in amendments were substantially covered by existing evidence and any prejudice to cross-defendants can be managed procedurally or by costs orders. It is desirable for all issues to be litigated, and objections based on lateness and prejudice are not determinative.

Court Disposition

Leave to amend granted.

Orders

  • Leave granted to amend cross-claims as against first and seventh cross-defendants.
  • First cross-claimant to file and serve Amended Cross-Claim against first and seventh cross-defendants within 7 days.