The Owners – Strata Plan 70030 v Decon Australia [2016] NSWSC 19

The Owners – Strata Plan 70030 v Decon Australia [2016] NSWSC 19

Balancing the injustice to both sides, the claim as presently particularised is substantiable and capable of being met. The balance of justice requires granting the Owners Corporation leave to amend its list statement and rely upon further expert evidence.

Parties
Plaintiff: The Owners – Strata Plan No 70030; First Defendant: Decon Australia Pty Ltd; Second Defendant: Eissa Soliman Tadros; Third Defendant: Afaf Aziz Tadros; Fourth Defendant: Shawki Hanna Gad; Fifth Defendant: Lily Aziz Gad
Jurisdiction
Australia
Judgment Date
01 February 2016
Procedural Posture
Civil / Interlocutory Application for Leave to Amend List Statement and Rely Upon Further Evidence
Outcome
Plaintiff granted leave to amend list statement and rely upon further evidence; defendants' application dismissed
Legal Topics
Defective Work, Amendment of Pleadings, Expert Evidence, Procedural Fairness
Practice and Procedure Building and Construction Defective Work Amendment of Pleadings Expert Evidence Procedural Fairness

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Parties

The Owners – Strata Plan No 70030

Plaintiff

Decon Australia Pty Ltd

First Defendant

Eissa Soliman Tadros

Second Defendant

Afaf Aziz Tadros

Third Defendant

Shawki Hanna Gad

Fourth Defendant

Lily Aziz Gad

Fifth Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Amend List Statement and Rely Upon Further Evidence

Legal Issues

  1. 1 Whether leave should be granted to the plaintiff to rely on amended list statement and further allegations of defective work
  2. 2 Whether leave should be granted to rely upon further expert reports
  3. 3 Whether justice requires granting leave given the history of delays and prejudice to parties

Ratio Decidendi

Balancing the injustice to both sides, the claim as presently particularised is substantiable and capable of being met. The balance of justice requires granting the Owners Corporation leave to amend its list statement and rely upon further expert evidence.

Court Disposition

Plaintiff granted leave to amend list statement and rely upon further evidence; defendants' application dismissed

Orders

  • Plaintiff granted leave to rely on Amended List Statement and schedule
  • Plaintiff granted leave to rely on expert reports described