The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58 Hearing dates: 12 February 2025 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Grant plaintiff leave to amend pleadings; amendments to date only from the date of the application to amend Catchwords: CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where plaintiff served evidence-in-chief concerning alleged defects based on inspection of some of likely affected units – where plaintiff adduced evidence that such defects likely to be systemic – where lengthy settlement negotiations followed but were not successful – where plaintiff, with consent of defendant, served extensive further evidence – whether plaintiff should have leave to amend its List Statement to reflect that evidence – whether adequate explanation for delay LIMITATION OF ACTIONS – where pleadings to be amended to incorporate further allegations of defect and causes of action – where amendments arise out of same or similar facts – whether Court should order that amendments take effect only from the date of application to amend Legislation Cited: Civil Procedure Act 2005 (NSW) Design and Building Practitioners Act 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Home Building Act 1989 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Parkview Constructions Pty Ltd v The Owners - Strata Plan No 90018 [2023] NSWCA 66 The Owners - Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 Category: Procedural rulings Parties: The Owners - Strata Plan No 87639 (Plaintiff) Karimbla Properties (No4) Pty Ltd ACN 102165195 (First Defendant) Karimbla Construction Services Pty Ltd ACN 093419875 (Second Defendant/First Respondent) Karimbla Construction Services Pty Ltd (NSW) ACN 152212809 (Third Defendant/Second Respondent) Representation: Counsel: F Corsaro SC / C Chiam (Plaintiff/Applicant) G A Sirtes SC / S Steinhoff (Defendants/Respondents)