NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan No 91016 v Upright Builders Pty Ltd [2023] NSWSC 649 Hearing dates: 15 June 2023 Date of orders: 15 June 2023 Decision date: 15 June 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Separate question ordered; leave to amend Summons and List Statement refused Catchwords: CIVIL PROCEDURE – application for separate question – application to amend summons and list statement Legislation Cited: Encroachment of Buildings Act 1922 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Local Government Act 1919 (NSW) Roads Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Pesic v South Sydney Municipal Council [1978] 1 NSWLR 135 Category: Procedural rulings Parties: The Owners – Strata Plan No 91016 (Plaintiff/Respondent) Upright Builders Pty Ltd (First Defendant) Bayone Projects Pty Ltd (Second Defendant) City of Ryde Council (Third Defendant/Applicant) Representation: Counsel: P J Bambagiotti (Plaintiff/Respondent) G P McNally SC (on 30 May 2023) (First and Second Defendants) I G Roberts SC (on 15 June 2023) with M Harker (Third Defendant/Applicant)
Solicitors: Grace Lawyers (Plaintiff/Respondent) Fortis Law (First and Second Defendants) Sparke Helmore Lawyers (Third Defendant/Applicant) File Number(s): 2019/232774
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