The Star Entertainment Sydney Properties Pty Ltd v Buildcorp Group Pty Ltd [2023] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: The Star Entertainment Sydney Properties Pty Ltd v Buildcorp Group Pty Ltd [2023] NSWSC 241 Hearing dates: 17 March 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Equity - Technology and Construction List Before: Rees J Decision: Grant leave to amend pleadings. Catchwords: CIVIL PROCEDURE — pleadings — amendment — plaintiffs seek to add claims under further contract — defendant's ability to cross-claim may be time-barred — whether leave should be refused given prejudice to defendant – plaintiffs not dilatory in identifying further claim — plaintiffs entitled to commence separate proceedings anyway – avoidance of multiplicity of proceedings — prejudice mitigated by contractual indemnity given by prospective cross-defendant. Legislation Cited: Civil Procedure Act 2005 (NSW) s 65 Cases Cited: Owners - SP 67635 v Metlej Developments Pty Ltd [2013] NSWSC 1564 Category: Procedural rulings Parties: The Star Entertainment Sydney Properties Pty Ltd (first applicant) The Star Pty Limited (second applicant) Buildcorp Group Pty Limited trading as Buildcorp Interiors (respondent) Representation: Counsel: S Kanagaratnam (applicants) B Le Plastrier (respondent)

Solicitors: Holding Redlich (applicants) Colin Biggers & Paisley (respondent) File Number(s): 2020/00112369

ex tempore Judgment - Application to amend pleading 1. Her Honour: This is an application by the plaintiffs to amend their pleading. The plaintiffs already seek damages from the contractor in respect of a contract entered into in October 2014 and a second contract entered into in May 2015, to effect construction and refurbishment works at Star Casino. The plaintiffs now seek to add a claim for damages for breach of a third contract between the plaintiffs and the defendant contractor. 2. The contractor accepts that the claim now sought to be brought is not time-barred. The problem is that a cross-claim by the contractor against its subcontractor is likely time-barred; the amendment is opposed for this reason.