The Owners - Strata Plan 89412 v Brookfield Residential Developments Australia Pty Ltd [2023] NSWSC 1420

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 89412 v Brookfield Residential Developments Australia Pty Ltd [2023] NSWSC 1420 Hearing dates: 17 November 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Leave to amend Technology and Construction List Statement as against first defendant refused Catchwords: BUILDING AND CONSTRUCTION – Design and Building Practitioners Act 2020 (NSW) – statutory duty under s 37 – application to amend Technology and Construction List Statement Legislation Cited: Design and Building Practitioners Act 2020 (NSW) Home Building Act 1989 (NSW) Category: Procedural rulings Parties: The Owners - Strata Plan 89412 (Plaintiff/Applicant) Brookfield Residential Developments Australia Pty Ltd (First Defendant/Respondent) Wandere Pty Ltd trading as Landmark Masonry (Second Defendant/Respondent) SRDA Waterproofing Pty Limited trading as Zenron Waterproofing (Third Defendant) John Nigem (Fourth Defendant/Respondent) Darrin Gale (Fifth Defendant/Respondent) Robert Slobodan Tosich (Sixth Defendant/Respondent) Terry Gale (Seventh Defendant/Respondent) Nicholas Turner Pty Ltd (ACN 064 084 911) trading as "Turner" (Eighth Defendant/Respondent) Nicholas Peter Turner (Ninth Defendant/Respondent) Representation: Counsel: A Di Francesco (Plaintiff/Applicant) M G Lyons (First Defendant/Respondent)