NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan 70030 v Decon Australia [2016] NSWSC 19 Hearing dates: 1 February 2016 Date of orders: 01 February 2016 Decision date: 01 February 2016 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Grant plaintiff leave to amend list statement and to rely upon further evidence. Catchwords: PRACTICE AND PROCEDURE – Claim for defective work – Notice of Motion application to rely on Amended List Statement – Whether leave should be granted to plaintiff rely on Amended List Statement and further allegations of defective work – Whether leave should be granted to rely upon further export reports – Balance of justice weighted in favour of plaintiff – Leave granted Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Onerati v Phillips Constructions Pty Ltd (1989) 16 NSWLR 730 Category: Procedural and other rulings Parties: The Owners – Strata Plan No 70030 (Plaintiff) Decon Australia Pty Ltd (First Defendant) Eissa Soliman Tadros (Second Defendant) Afaf Aziz Tadros (Third Defendant) Shawki Hanna Gad (Fourth Defendant) Lily Aziz Gad (Fifth Defendant) Representation: Counsel: D Feller SC / I D George (Plaintiff) T J Davie (Second to Fifth Defendants)
Solicitors: Spinks Elphick Ho (Second to fifth defendants) Peter Merity Solicitor Pty Limited (Plaintiff) File Number(s): 2014/179564
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