Owners Corporation SP 78422 v Ware Building Pty Ltd [2015] NSWSC 1384

Owners Corporation SP 78422 v Ware Building Pty Ltd [2015] NSWSC 1384

It was not in the interests of justice to allow the defendant to amend its pleadings and adjourn the proceedings for a rectification suit, given the matter was ready for hearing, delay was unexplained, substantial expenditure had been incurred, and the core issues could and would be determined in the present proceedings.

Jurisdiction
Australia
Judgment Date
16 September 2015
Procedural Posture
Civil / Interlocutory Application (motion to Amend Pleadings and Adjourn Dismissed)
Outcome
Application to amend pleadings and adjourn dismissed.
Legal Topics
['amendment of Pleadings' 'adjournment' 'rectification of Contract' 'variation of Contract' 'statutory Warranties' 'building Defects']
['practice and Procedure' 'construction Law'] ['amendment of Pleadings' 'adjournment' 'rectification of Contract' 'variation of Contract' 'statutory Warranties' 'building Defects']

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Procedural Posture

Civil / Interlocutory Application (motion to Amend Pleadings and Adjourn Dismissed)

Legal Issues

  1. 1 ['Whether to grant leave to amend the list response and adjourn proceedings to allow for the commencement of rectification proceedings against the developer' 'Whether the delay in seeking adjournment and rectification is justified' 'Whether a separate rectification suit is necessary or appropriate given existing issues pleaded in these proceedings']

Ratio Decidendi

It was not in the interests of justice to allow the defendant to amend its pleadings and adjourn the proceedings for a rectification suit, given the matter was ready for hearing, delay was unexplained, substantial expenditure had been incurred, and the core issues could and would be determined in the present proceedings.

Court Disposition

Application to amend pleadings and adjourn dismissed.

Orders

  • ['The amended notice of motion filed on 15 September 2015 is dismissed with costs.' 'The parties are directed to approach the List Judge for allocation of a hearing date.']