The Owners - Strata Plan No 51077 v Meriton Apartments Pty Ltd & Anor [2014] NSWSC 1761

The Owners - Strata Plan No 51077 v Meriton Apartments Pty Ltd & Anor [2014] NSWSC 1761

The plaintiff's proposed amended claim is not so clearly untenable that it cannot possibly succeed; whether a duty of care is owed will be determined at trial based on the established salient features of the relationships between the parties.

Jurisdiction
Australia
Judgment Date
10 December 2014
Procedural Posture
Interlocutory Application / Application for Leave to Amend List Statement
Outcome
Leave granted to amend List Statement
Legal Topics
['amendment of Pleadings' 'leave to Amend' 'negligence' 'building Defects']
['practice and Procedure'] ['amendment of Pleadings' 'leave to Amend' 'negligence' '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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Leave to Amend List Statement

Legal Issues

  1. 1 ['Whether leave should be granted to amend the List Statement' 'Whether the amended claim is so untenable it cannot be sustained' 'Whether the claim in negligence against Meriton as owner-builder can proceed']

Ratio Decidendi

The plaintiff's proposed amended claim is not so clearly untenable that it cannot possibly succeed; whether a duty of care is owed will be determined at trial based on the established salient features of the relationships between the parties.

Court Disposition

Leave granted to amend List Statement

Orders

  • ['Plaintiff granted leave to file and serve a Second Amended Technology and Construction List Statement by no later than 16 December 2014.' 'Matter listed for directions on 19 December 2014.']