NSW Caselaw
New South Wales Supreme Court
CITATION : Owners of Strata Plan 50946 v Multiplex Constructions (NSW) Pty Ltd & 4 Ors [2006] NSWSC 377
HEARING DATE(S) : 27/04/06
JUDGMENT DATE : 28 April 2006
JURISDICTION : Equity Division Technology & Construction List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 04/28/2006
DECISION : See paras 29 & 31 of the judgment.
CATCHWORDS : PRACTICE & PROCEDURE – Application by first and fifth defendants to strike out plaintiff's amended statement of claim – Application by first and fifth defendants that proceedings be summarily dismissed – Plaintiff's causes of action allegedly statute barred – Section 14(1)(b) Limitation Act 1969 (NSW) – Whether limitation question should be decided in interlocutory proceedings - TORT – First defendant engaged to design and construct works of refurbishment on building – Fifth defendant engaged to assess and certify refurbishment according to, inter alia, Building Code of Australia –Plaintiff alleged breach of duty of care by reason of "latent defects" in fire safety system of building – Plaintiff claimed cost of rectification – When claim for economic loss for latent defects in building arises – Meaning of term – Whether determination could be made in interlocutory hearing that alleged defects were not latent.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Limitations Act 1969 (NSW)
Wardley Australia Limited and Western Australia (1992) 175 CLR 514 Sutherland Shire Council v Heyman (1985) 157 CLR 424 Hawkins v Clayton (1988) 164 CLR 539 Bryan v Maloney (1995) 182 CLR 609 Scarcella v Lettice & Anor (2000) 51 NSWLR 302 CASES CITED : Pullen v Gutteridge Haskins & Davey Pty Ltd (1993) 1 VR 27 Sherson & Associates v Bailey (2001) Aust Torts Reports 66,491 Evans v Balog (1976) 1 NSWLR 36 Parramatta City Council v Lutz (1988) 12 NSWLR 293 Pantalonie (1989) 18 NSWLR 119 Pinnock Brothers v Lewis & Peat Limited (1922) 1 KB 690 Robert A. Parente v Bayville Marine Inc. and General Insurance Company of America (1975) 1 Lloyds Law Reports 333
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