The Owners - Strata Plan No 68372 v Allianz Australia Insurance Limited [2013] NSWSC 2009

The Owners - Strata Plan No 68372 v Allianz Australia Insurance Limited [2013] NSWSC 2009

The amendments to the Scott Schedule, being further allegations of breach of the implied warranty of fitness for purpose (s 18B(e)), are not statute-barred as they relate to defects for which the builder is responsible. The question of granting leave to amend should be referred to the referee for practical determination.

Parties
Plaintiff: The Owners of Strata Plan 68372; First Defendant: Allianz Australia Insurance Limited; Second Defendant: Vero Insurance Limited; Third Defendant: GEO Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Application / Application for Leave to Amend Scott Schedule
Outcome
Proposed amendments not statute-barred; question of leave to amend referred to referee.
Legal Topics
Application to Amend Scott Schedule, Statute Barred Claims
Practice & Procedure Application to Amend Scott Schedule Statute Barred Claims

Case Brief

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Parties

The Owners of Strata Plan 68372

Plaintiff

Allianz Australia Insurance Limited

First Defendant

Vero Insurance Limited

Second Defendant

GEO Developments Pty Ltd

Third Defendant

Procedural Posture

Application / Application for Leave to Amend Scott Schedule

Legal Issues

  1. 1 Whether proposed amendments to Scott Schedule are statute-barred
  2. 2 Whether leave to amend should be granted

Ratio Decidendi

The amendments to the Scott Schedule, being further allegations of breach of the implied warranty of fitness for purpose (s 18B(e)), are not statute-barred as they relate to defects for which the builder is responsible. The question of granting leave to amend should be referred to the referee for practical determination.

Court Disposition

Proposed amendments not statute-barred; question of leave to amend referred to referee.

Orders

  • Refer to the referee the question of whether leave to amend should be granted so as to enable the plaintiff to assert in respect of lots 48 and 56 further particulars of breach of the implied statutory warranty of fitness for purpose.
  • Order that the costs of the application to date before the judge be costs in the proceedings.