The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383

Supreme Court New South Wales

Medium Neutral Citation: The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383 Hearing dates: 13 April 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to amend Technology and Construction List Statement refused; leave granted to plaintiff to circulate further proposed amended List Statement Catchwords: CIVIL PROCEDURE – Technology and Construction List – application to amend Technology and Construction List Statement – claim under s 37 of the Design and Building Practitioners Act 2020 – proposed contentions concerning whether sixth defendant had engaged in construction work COSTS – costs assessment – procedure – meaning of "costs thrown away" – utility of abstract consideration of that term – whether confined to past costs – meaning of "costs of and occasioned by amendment" Legislation Cited: Civil Liability Act 2002 (NSW) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Design and Building Practitioners Act 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Edelman v Badower [2010] VSC 427 Salmon v Albarran (No 4) [2022] NSWSC 114 The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 The Owners – Strata Plan No 93543 v Zhang (No 2) [2021] NSWSC 360 Ziliotto v Dr Hakim (No 2) [2012] NSWSC 1079 Category: Procedural rulings Parties: The University of Sydney (Plaintiff/Applicant) Multiplex Constructions Pty Ltd (First Defendant/First Respondent) Brookfield Australia Investments Limited (Second Defendant/Second Respondent) Francis-Jones Morehen Group Pty Ltd (Third Defendant/Third Respondent) Surface Design Consulting Pty Ltd as trustee for the Surface Unit Trust (ACN 142 970 545) (Fourth Defendant/Fourth Respondent) Arup Pty Limited (Fifth Defendant/Fifth Respondent) McKenzie Group Consulting (NSW) Pty Ltd (Sixth Defendant/Sixth Respondent) Chevalier (Aluminium Engineering) Australia Pty Ltd (ABN 19 099 118 331) (Seventh Defendant/Seventh Respondent) Building Studio Architects Pty Ltd (ABN 72 123 331 402) (Eighth Defendant/Eighth Respondent) Building Certificates Australia Pty Ltd (ABN 45 105 050 897) (Ninth Defendant/Ninth Respondent) Representation: Counsel: L Shipway (Plaintiff/Applicant) A Carr (First and Second Defendants/First and Second Respondents) M Sheldon (Third Defendant/Third Respondent) A Toogood (solicitor) (Fourth Defendant/Fourth Respondent) J I Whealing (Fifth Defendant/Fifth Respondent) D S Weinberger (Sixth Defendant/Sixth Respondent) R James (solicitor) (Seventh Defendant/Seventh Respondent) K Bowles (solicitor) (Eighth Defendant/Eighth Respondent)