Owners Corporation of Strata Plan 61896 v Multiplex Corporate Agency Pty Ltd [2009] NSWSC 1226

New South Wales Supreme Court

CITATION : Owners Corporation of Strata Plan 61896 v Multiplex Corporate Agency Pty Ltd [2009] NSWSC 1226

HEARING DATE(S) : 5 November 2009 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 5 November 2009

DECISION : Leave granted to file and serve an Amended Summons and Technology & Construction List Statement joining Brookfield Multiplex Limited as second defendant.

CATCHWORDS : LIMITATION OF ACTIONS - general - statute of limitation – plaintiff sought to join, under r 6.19 of the Uniform Civil Procedure Rules 2005, an additional defendant ("Brookfield") to the action so as to make a claim against it in tort – whether the joinder was futile because the claim was statute barred under s 14(1)(b) of the Limitations Act 1969 – held that there was not sufficient information known of the damage suffered by the plaintiff as a result of Brookfield's negligence and the circumstances in which it was sustained to determine confidently when the plaintiff knew or had the ability to acquire the knowledge that the damage had been sustained – it could not be said at this stage that the claim was statute barred - leave granted to join Brookfield to the proceedings

Home Building Act 1989 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Limitation Act 1969 (NSW)

CATEGORY : Procedural and other rulings

Hawkins v Clayton (1987) 164 CLR 539 CASES CITED : Sherson & Associates v Bailey (2001) Aust Torts Reports 81-591 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514

Owners Corporation of Strata Plan 61896 [Plaintiff] PARTIES : Multiples Corporate Agency Pty Ltd [First Defendant] Brookfield Multiplex Ltd ACN 008 087 063 [Second Defendant]