The Owners - Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Hearing dates: 29 October 2021 Decision date: 15 November 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to amend Technology and Construction List Statement is refused Catchwords: BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement – whether sufficient merely to identify the alleged defects – whether necessary to plead the risks the builder was required to manage and the precautions the builder should have taken to manage those risks Legislation Cited: Civil Liability Act 2002 (NSW) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Cases Cited: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 254 CLR 185; [2014] HCA 36 Garzo v Liverpool/Campbelltown Christian School [2011] NSWSC 292 Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1610 Stewart v Australian and New Zealand Banking Group Ltd [2020] NSWSC 1787 Woolcock Street Investments v CDG Pty Ltd (2004) 216 CLR 515; [2004] HCA 16 Texts Cited: Second Reading Speech for the Design and Building Practitioners Bill 2019 (NSW) Category: Procedural rulings Parties: The Owners - Strata Plan No 87060 (Plaintiff/Applicant) Loulach Developments Pty Ltd (First Defendant/Cross-Claimant/Respondent) Loulach Steel Pty Ltd (Second Defendant/Cross-Claimant/Respondent) Rustom Kudinar-Kwee (First Cross-Defendant) Jiri Kure (Second Cross-Defendant) Dix Gardner Pty Ltd (Third Cross-Defendant) Lyall Dix (Fourth Cross-Defendant) Representation: Counsel: D S Weinberger (Plaintiff/Applicant) T Maltz (Defendants/Respondents)