The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 2) [2024] NSWSC 1188

The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 2) [2024] NSWSC 1188

Leave to amend was granted because the plaintiff had an arguable case that a contract existed between the Developer and Omaya Investments, supported by representations and solicitor’s certificate in the cross-claim, and there was insufficient prejudice or relevant delay to deny amendment.

Parties
Plaintiff: The Owners - Strata Plan 82089; First Defendant: Omaya Holdings Pty Ltd; Second Defendant/first Cross Claimant: Arinson Pty Limited; Third Defendant/second Cross Claimant: Omaya Investments Pty Ltd; Fourth Defendant/first Cross Defendant: Integrated Design Group Pty Ltd; Fifth Defendant/second Cross Defendant: Bernie Cohen & Associates Pty Ltd trading as Essential Certifiers; Sixth Defendant: BSM Holdings Pty Ltd (ACN 631 209 348)
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Civil Equity Technology and Construction List / Interlocutory Application for Leave to Amend Pleadings
Outcome
Leave granted to amend list statement; costs order for defendants; other costs in the cause
Legal Topics
Amendment of Pleadings, Admissions, Prejudice, Delay
Civil Procedure Amendment of Pleadings Admissions Prejudice Delay

Case Brief

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Parties

The Owners - Strata Plan 82089

Plaintiff

Omaya Holdings Pty Ltd

First Defendant

Arinson Pty Limited

Second Defendant/first Cross Claimant

Omaya Investments Pty Ltd

Third Defendant/second Cross Claimant

Integrated Design Group Pty Ltd

Fourth Defendant/first Cross Defendant

Bernie Cohen & Associates Pty Ltd trading as Essential Certifiers

Fifth Defendant/second Cross Defendant

BSM Holdings Pty Ltd (ACN 631 209 348)

Sixth Defendant

Procedural Posture

Civil Equity Technology and Construction List / Interlocutory Application for Leave to Amend Pleadings

Legal Issues

  1. 1 Whether plaintiff should be granted leave to amend its list statement to include new allegations against the third defendant
  2. 2 Whether the proposed amendments cause prejudice to the third defendant due to delay
  3. 3 Whether certain allegations in the cross-claim constitute admissions or representations of contract existence

Ratio Decidendi

Leave to amend was granted because the plaintiff had an arguable case that a contract existed between the Developer and Omaya Investments, supported by representations and solicitor’s certificate in the cross-claim, and there was insufficient prejudice or relevant delay to deny amendment.

Court Disposition

Leave granted to amend list statement; costs order for defendants; other costs in the cause

Orders

  • Leave granted to the plaintiff to file amended List Statement.
  • Plaintiff to pay the defendant's costs thrown away by the amendment.