Absolute Tiling Solutions Pty Limited v Bonett; Bonett v Absolute Tiling Solutions Pty Limited [2021] NSWDC 475

District Court New South Wales

Medium Neutral Citation: Absolute Tiling Solutions Pty Limited v Bonett; Bonett v Absolute Tiling Solutions Pty Limited [2021] NSWDC 475 Hearing dates: 17 August 2021 Date of orders: 18 August 2021 Decision date: 18 August 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. Grant leave to the plaintiff/cross-defendant to file an amended defence to cross-claim relying on s 18E of the Home Building Act 1989. 2. The plaintiff/cross-defendant pay for any costs thrown away by reason of the amendment, but otherwise reserve the costs of the application. Catchwords: CIVIL PROCEDURE — pleadings — amendment — late application for amendment – unexplained substantial delay – wasted costs – unfair prejudice Legislation Cited: Civil Procedure Act 2005, s 56, s 65 Home Building Act 1989 (NSW), s 3B, s 18B, s 18E Uniform Civil Procedure Rules 2005, r 14.14 Cases Cited: Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 The Owners – Strata Plan No 74602 v Brookfield Australia Investments Ltd [2015] NSWSC 1916 The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 Category: Procedural rulings Parties: Absolute Tiling Solutions Pty Limited (plaintiff/cross-defendant) Shaun Bonett (defendant/cross-claimant) Representation: Counsel: Ms L Hulmes (defendant/cross-claimant)

Solicitors: Finn Roache Lawyers (plaintiff/cross-defendant) Henry William Lawyers (defendant/cross-claimant) File Number(s): 2020/101203 Publication restriction: None