The Owners – Strata Plan No. 85494 v PBS Building (NSW) Pty Ltd [2024] NSWSC 381

The Owners – Strata Plan No. 85494 v PBS Building (NSW) Pty Ltd [2024] NSWSC 381

Leave to amend pleadings to add further defects is granted, but subject to the trial judge’s determination on whether such amendments prejudice the Second Defendant by denying viable and realistic cross-claims and whether leave should accordingly be revoked for all or some additional defects.

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Civil Procedure – Amendment Application / Interlocutory (application for Leave to Amend Pleadings)
Outcome
Leave granted to amend pleading with conditions; costs orders made; matter listed for directions.
Legal Topics
['pleadings' 'amendment of Pleadings' 'statutory Warranties in Building Works' 'limitation Period' 'cross Claims' 'fire Safety Defects']
['civil Procedure' 'construction Law'] ['pleadings' 'amendment of Pleadings' 'statutory Warranties in Building Works' 'limitation Period' 'cross Claims' 'fire Safety Defects']

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Procedural Posture

Civil Procedure – Amendment Application / Interlocutory (application for Leave to Amend Pleadings)

Legal Issues

  1. 1 ['Whether leave should be granted to the Plaintiff to amend pleadings to include further fire safety defects.' 'Whether the Second Defendant would be irremediably prejudiced by being unable to bring cross-claims in respect of the new defects due to expiry of limitation period.' 'Whether amendments should take effect from the date of commencement of proceedings.']

Ratio Decidendi

Leave to amend pleadings to add further defects is granted, but subject to the trial judge’s determination on whether such amendments prejudice the Second Defendant by denying viable and realistic cross-claims and whether leave should accordingly be revoked for all or some additional defects.

Court Disposition

Leave granted to amend pleading with conditions; costs orders made; matter listed for directions.

Orders

  • ['Leave granted to the Plaintiff to file, by 5pm on 26 April 2024, a Further Amended Technology & Construction List Statement adding specified defects from EBS Consultants’ reports, subject to trial judge’s consideration of prejudice and possible revocation of leave.' 'Plaintiff to pay the Second Defendant’s costs...