The Owners – Strata Plan No 89005 v Stromer (No 3) [2022] NSWSC 1707

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 89005 v Stromer (No 3) [2022] NSWSC 1707 Hearing dates: 9 December 2022 Decision date: 15 December 2022 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Strike out paragraphs 20 to 33 of the Technology and Construction List Cross-Claim Statement filed on 23 December 2021; (2) Direct that any application to file an amended Technology and Construction List Cross-Claim Statement be served no later than 17 February 2023 and be made returnable on 24 February 2023; (3) Order that the cross-claimant pay the second cross-defendant's costs of the Notice of Motion filed 20 October 2022. Catchwords: CIVIL PROCEDURE — Summary disposal under UCPR r 13.4 — Dismissal of cross-claim — Defective pleading concerning statutory duty under s 37 of the Design and Building Practitioners Act 2020 (NSW) — Whether Scott Schedule provided by the cross-claimant adequately identifies the precautions the building supervisor should have taken to manager the risk of harm Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Category: Procedural rulings Parties: The Owners – Strata Plan No 89005 (Plaintiff) Thomas Stromer (First Defendant | First Cross-Claimant) Simone Stromer (Second Defendant | Second Cross-Claimant) Nathan Stromer (Third Defendant | Third Cross-Claimant) Farad Electric Co Pty Ltd (Fourth Defendant | Fourth Cross-Claimant) Mondan Management Pty Ltd (in liq) t/as Vic Lilli & Partners (First Cross-Defendant) Peter Smith Constructions Pty Limited (Second Cross-Defendant) Representation: Counsel: B Stanton (Solicitor) (Plaintiff) P Folino-Gallo (Second Cross-Defendant | Applicant) J O'Sullivan (Defendants | Cross-Claimants)