Owners Corporation SP 78422 v Ware Building Pty Ltd [2015] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: Owners Corporation SP 78422 v Ware Building Pty Ltd [2015] NSWSC 1384 Hearing dates: 16 September 2015 Date of orders: 16 September 2015 Decision date: 16 September 2015 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Notice of motion to amend quasi-pleadings and adjourn proceedings dismissed. Catchwords: PRACTICE AND PROCEDURE – dispute between owners corporation and builder – where defendant builder seeks to commence separate proceedings against the developer to rectify the contract pursuant to which the building was constructed – related application to amend list response in present proceedings to incorporate that defence – where it has been open to the defendant to agitate the question of rectification for three years – where substantial effort and expense has gone into the preparation of the case as currently pleaded – where a variation argument is in any event already provided for – consequence that it is not in the interests of justice to allow defendant the leave it seeks Legislation Cited: Corporations Act 2001 (Cth) Home Building Act 1989 (NSW) Category: Procedural and other rulings Parties: The Owners – Strata Plan No 78422 (Plaintiff) Ware Building Pty Ltd (Defendant) Representation: Counsel: M A McCall (Plaintiff) S Tully (Defendant)

Solicitors: Walters Solicitors (Plaintiff) Barraclough Jones & Associates (Defendant) File Number(s): 2014/105793