Petrovic v State of New South Wales (Minister for Education) [2025] NSWSC 29

Supreme Court New South Wales

Medium Neutral Citation: Petrovic v State of New South Wales (Minister for Education) [2025] NSWSC 29 Hearing dates: 29 January 2025 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Common Law Before: Yehia J Decision: (1) Leave to file an amended Statement of Claim is granted pursuant to s 64 of the Civil Procedure Act 2005 (NSW) and r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW). (2) The Plaintiffs pay the Defendant's costs thrown away by virtue of the amendment. Catchwords: CIVIL PROCEDURE – pleadings – application for leave to file an amended statement of claim – where the amendment would join a second defendant to the proceedings – where the application was made early in proceedings – where the amendment would avoid multiplicity of proceedings – where there would be no material prejudice to the defendant – leave to amend granted – costs Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) ss 58, 64 Conveyancing Act 1919 (NSW) s 177 Limitation Act 1969 (NSW) s 14 Uniform Civil Procedure Rules 2005 (NSW) rr 19.1, 19.2 Category: Procedural rulings Parties: Svetlana Petrovic (First Plaintiff) Miodrag Tomic (Second Plaintiff) State of New South Wales (Minister for Education) (Defendant) Representation: Solicitors: Robertson Saxton Osborne Lawyers (Plaintiffs) File Number(s): 2024/00107521 Publication restriction: Nil

EX Tempore JUDGMENT 1. The Plaintiffs move on a Notice of Motion seeking leave to file an amended Statement of Claim. The application is made pursuant to s 64 of the Civil Procedure Act 2005 (NSW) ("CPA") and r 19.1 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). 2. The matter is a negligence and private nuisance case involving alleged water ingress from the Defendant's property onto the Plaintiffs' property. The water ingress is alleged to have been caused by certain construction works performed for the Defendant, at the Defendant's property, Manly Vale Public School, by Lahey Constructions Pty Ltd ("Lahey Constructions"). 3. The proposed amendments to the Statement of Claim seek to join Lahey Constructions as the second defendant, refine the existing negligence and nuisance pleadings and include a claim under s 177 of the Conveyancing Act 1919 (NSW). 4. The Defendant neither consents to nor opposes the application. 5. This application has been placed before me in my capacity as the Duty Judge. A brief outline of submissions filed on behalf of the Plaintiffs sets out the requirements for urgency and an overview of the relevant considerations. I am grateful for that assistance.