The Owners – Strata Plan No 84674 v Pafburn Pty Ltd (No 2) [2022] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 84674 v Pafburn Pty Ltd (No 2) [2022] NSWSC 1002 Hearing dates: 20 July 2022 Date of orders: 27 July 2022 Decision date: 27 July 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Application to dismiss proceedings against second defendant refused; plaintiff granted leave to file Amended Technology and Construction List Statement Catchwords: CIVIL PROCEDURE – amendment – pleadings – application for leave to file Amended Technology and Construction List Statement – where new building defects alleged – whether defendants prejudiced by proposed amendments CIVIL PROCEDURE – whether the proceedings should be dismissed as against the developer defendant – whether allegations of fact if proven capable of establishing that developer engaged in construction work for the purposes of the Design and Building Practitioners Act 2020 (NSW) Legislation Cited: Civil Liability Act 2002 (NSW) Design and Building Practitioners Act 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2004 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 Category: Procedural rulings Parties: The Owners – Strata Plan No 84674 (Plaintiff) Pafburn Pty Limited (First Defendant) Madarina Pty Limited t/as c/- Finn Warner and Associates Pty Limited (Second Defendant) Representation: Counsel: D Weinberger (Plaintiff) A Di Francesco (Defendants)