The Owners Strata Plan v Brookfield Multiplex Limited [2010] NSWSC 360

New South Wales Supreme Court

CITATION : The Owners Strata Plan v Brookfield Multiplex Limited [2010] NSWSC 360

HEARING DATE(S) : 23 April 2010 JURISDICTION : Equity Division Technology & Construction List

JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 23 April 2010

I propose to grant the defendant leave to file an amended Technology and Construction list response. DECISION : 1. Subject to the following order, order the defendant to pay the plaintiffs' costs of and incidental to and thrown away by reason of the amendment of its Technology and Construction list response. 2. Order that the costs of today be costs in the proceedings. 3. I direct the defendant to file and serve its amended list response by 5pm on 28 April 2010. I stand the proceedings over to the directions list on 30 April 2010.

CATCHWORDS : PROCEDURE – application by defendant for leave to amend list response to allege sub-contractors are concurrent wrongdoers – proportionate liability – where pleading did not identify relevant acts or omissions and causal connection between those acts or omissions and the losses in respect of which the plaintiffs sue – whether pleading sufficient to demonstrate what is necessary to show duty of care between sub-contractor and subsequent owner – leave granted – Civil Liability Act 2002 (NSW) Pt 4.

LEGISLATION CITED : Civil Liability Act 2002 (NSW) Home Building Act 1989 (NSW)

CATEGORY : Procedural and other rulings

Gunston v Lawley [2008] VSC 97 HSD Co Pty Ltd v Masu Financial Management Pty Ltd [2008] NSWSC 1279 CASES CITED : Shrimp v Landmark Operations Ltd (2007) 163 FCR 510 St George Bank Limited v Quinerts Pty Ltd [2009] VSCA 245 Ucak v Avante Developments [2007] NSWSC 367 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515