The University of Sydney v Multiplex Constructions Pty Ltd (No 2) [2023] NSWSC 1019

Supreme Court New South Wales

Medium Neutral Citation: The University of Sydney v Multiplex Constructions Pty Ltd (No 2) [2023] NSWSC 1019 Hearing dates: 22 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to amend Technology and Construction List Statement refused Catchwords: CIVIL PROCEDURE – Technology and Construction List Statement – application to amend – proposed contentions against sixth defendant concerning breach of common law duty of care and misleading or deceptive conduct Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Design and Building Practitioners Act 2020 (NSW) Cases Cited: Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1610 The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383 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) D S Weinberger (Sixth Defendant/Sixth Respondent)