NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan No. 85494 v PBS Building (NSW) Pty Ltd [2024] NSWSC 381 Hearing dates: 5 April 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: See [74] Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – Plaintiff sought to add further defects to existing cause of action – Whether Second Defendant would be irremediably prejudiced if amendments allowed – Whether Second Defendant has established viable and realistic cross-claims in respect of defects – Whether order should be made for amendments to take effect from date of commencement of proceedings Legislation Cited: Design and Building Practitioners Act 2020 (NSW), s 37 Environmental Planning and Assessment Act 1979 (NSW), ss 6.20, 9.32 Home Building Act 1989 (NSW), s 18C Cases Cited: Creevey v Barrois [2005] NSWCA 264 Parkview Constructions Pty Ltd v The Owners –Strata Plan No 90018 [2023] NSWCA 66 Strata Plan 87060 v Loulach Developments Pty Ltd [2020] NSWSC 550 The Owners – Strata Plan 76841 v Ceerose Pty Ltd [2016] NSWSC 1545 Category: Procedural rulings Parties: The Owners – Strata Plan No. 85494 (Plaintiff) Iris Property Group Pty Ltd (Second Defendant) Representation: Counsel: D Byrne (Plaintiff) B Le Plastrier (Second Defendant)
Solicitors: DEA Lawyers (Plaintiff) McCullough Robertson Lawyers (Second Defendant) File Number(s): 2021/91538 Publication restriction: Nil
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