The Owners – Strata Plan No 70335 v Walsh Bay Finance Pty Ltd [2015] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 70335 v Walsh Bay Finance Pty Ltd [2015] NSWSC 1031 Hearing dates: 17 July 2015 Decision date: 21 July 2015 Jurisdiction: Equity Division - Technology and Construction List Before: Stevenson J Decision: (1) Paragraphs C60 and C61 of the Substituted Second Further Amended List Statement be struck out. (2) The fifth defendant's amended notice of motion filed on 19 June 2015 be otherwise dismissed. (3) The plaintiff's application for leave to amend paragraph C60 of the List Statement in the terms set out in MFI 1 be dismissed. (4) The plaintiff is to file and serve a Third Further Amended List Statement to reflect order 1 within 14 days. (5) Costs of the fifth defendant's notice of motion of 19 June 2015 be costs in the cause. Catchwords: PROCEDURE – whether there should be a separate determination as to whether the fifth defendant owed the plaintiff a duty of care – whether plaintiff's claim as to fifth defendant's breach of covenant of quiet enjoyment should be struck out or separately determined – whether plaintiff should be given leave to amend pleadings to meet strike out application Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Brookfield Multiplex Ltd v Owners – Strata Plan No 61288 [2014] HCA 36; 313 ALR 408 Tepko Pty Ltd v Water Board [2001] HCA 19; 206 CLR 1 Volley Investments Pty Ltd v Coles Myer Ltd [2005] WASCA 52 Category: Procedural and other rulings Parties: The Owners – Strata Plan No 70335 (Plaintiff/Respondent) Roads and Maritime Services (Fifth Defendant/Applicant) Representation: Counsel: J Young (Plaintiff/Respondent) J A C Potts (Fifth Defendant/Applicant)