Cave v Allen Jack & Cottier Architects Pty Ltd [2014] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: Cave v Allen Jack & Cottier Architects Pty Ltd [2014] NSWSC 316 Hearing dates: 26 February 2014 Decision date: 01 April 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff is granted leave to file and serve the second further amended statement of claim within 14 days. (2) Pursuant to s 65(3) of the Civil Procedure Act 2005 (NSW) the question of the date on which the amendments take effect are reserved to the trial judge. (3) Separate determination of questions (i)(a), (i)(b) and (ii) is refused. (4) Costs are reserved. (5) The matter is listed for directions before the Registrar at 9.00 am on Monday, 21 April 2014. Catchwords: PRACTICE & PROCEDURE - application for leave to further amend further statement of claim - whether separate questions be answered - claim in contract and tort Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 60, 64, 65 Home Building Act (NSW) Limitation Act 1969 (NSW), s 14 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: ABB Engineering Construction Pty Limited v Freight Rail Corp [1999] NSWSC 1037 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Dunstan v Simmie & Co Pty Ltd [1978] VR 669 Idoport Pty Limited v National Australia Bank Ltd [2000] NSWSC 1215 Karl Suleman Enterprizes Pty Ltd (In Liq) v Pham [2013] NSWCA 93 Perre v Apand Pty Limited [1999] HCA 36; (1999) 198 CLR 180 State of New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511 Tepko Pty Limited v Water Board [2001] HCA 19; (2001) 206 CLR 1 Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Rosemary Cave (Plaintiff) Allen Jack & Cottier Architects Pty Ltd (ACN 003 782 250) (First Defendant Taylor Thomson Whitting (NSW) Pty Ltd (Second Defendant) John Greenwood Constructions Pty Ltd (ACN 001 044 800) (Third Defendant) Representation: Counsel: A G Rogers (Plaintiff) D A Lloyd (First Defendant) W McManus (Second Defendant) M F Newton (Third Defendant) Solicitors: Brennan Tipple Partners (Plaintiff) Lander & Rogers (First Defendant) Colin Biggers & Paisley (Second Defendant) HWL Ebsworth Lawyers (Third Defendant) File Number(s): 2010/119922 Publication restriction: Nil