The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44

Supreme Court New South Wales

Medium Neutral Citation: The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44 Hearing dates: 13 December 2022 Decision date: 07 February 2023 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Order that the further amended notice of motion filed in court on 13 December 2022 be dismissed with costs; (2) Direct that by 3 March 2023 the plaintiff serve on the defendants any proposed amended summons and amended list statement that includes a claim against the first defendant under the Design and Building Practitioners Act 2020 (NSW); (3) Direct that by 10 March 2023 the defendants notify the plaintiff whether it objects to the filing of any such amended document; (4) If the defendants object to the filing of any such document, direct that any motion seeking leave to file the documents be filed no later than 17 March 2023 and be made returnable on 24 March 2023. (5) Stand the matter over to 24 March 2023. Catchwords: CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under the Home Building Act 1989 (NSW) s18B CIVIL PROCEDURE — Originating process — Amendment — Disallowance of amendment — claim under Design and Building Practitioners Act 2020 (NSW) — opportunity to replead Legislation Cited: Building Code of Australia Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Cases Cited: Onerati v Phillips Constructions Pty Ltd (in liq) (1989) 16 NSWLR 730 Owners Corporation Strata Plan 64757 v MJA Group Pty Ltd (2011) 81 NSWLR 426; [2011] NSWCA 236 The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123 Category: Procedural rulings Parties: The Owners-Strata Plan 86807 (Plaintiff | Applicant) Crown Group Construction Pty Ltd (First Defendant | First Respondent) Crown W Pty Ltd (Second Defendant | Second Respondent) Representation: Counsel: TW Lynch SC with D Byrne (Applicant | Plaintiff) D Weinberger (Defendants | Respondents)