Owners Corporation Strata Plan 76841 v Ceerose Pty Ltd [2017] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Owners Corporation Strata Plan 76841 v Ceerose Pty Ltd [2017] NSWCA 140 Hearing dates: 7 June 2017 Decision date: 23 June 2017 Before: Beazley P at [1]; Meagher JA at [2]; Simpson JA at [50] Decision: 1. Direct the applicant to cause that the orders of Stevenson J made on 2 November 2016 in proceedings SC 2014/58603 be entered into the computerised court record system. 2. Grant leave to the applicant to appeal from the orders of Stevenson J made on 2 November 2016, but only in respect of the second of those orders and on proposed ground 3. 3. Direct the applicant to file a notice of appeal limited to that ground 3. 4. Allow the applicant's appeal from the second of the orders made by Stevenson J on 2 November 2016. 5. Set aside the order made on 2 November 2016 that the applicant have leave to amend the Fire and BCA Defects claim on condition that the claim for those defects is limited to $195,000. 6. Otherwise dismiss the applicant's summons for leave to appeal. 7. Dismiss the respondents' cross-summons for leave to appeal. 8. Amend order 2 made by Stevenson J on 14 December 2016 by adding as (d) the following: (d) Delete the words "to the extent allowed pursuant to the judgment of Stevenson J on 2 November 2016" in paras A6 and C25. 9. Make no order as to the costs of the applicant's summons, the appeal or the respondents' cross-summons. Catchwords: PROCEDURE – uniform civil procedure – amendment application – where proceeding transferred from District Court to Supreme Court – where by filing of Technology and Construction List Statement application made to amend pleading to add additional claim – whether sufficient prejudice to refuse amendment from loss of viable and realistic cross-claims against third parties – whether basis for imposing monetary limits on existing pleaded claims – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 61(3), 140(1), 143(1)(a) District Court Act 1973 (NSW), s 44 Environmental Planning and Assessment Act 1979 (NSW), s 109ZK Home Building Act 1989 (NSW), Pt 2C Uniform Civil Procedure Rules 2005 (NSW), rr 36.4(3), 45.7 Cases Cited: House v The King (1936) 55 CLR 499 Category: Principal judgment Parties: Owners Corporation Strata Plan 76841 (Applicant) Ceerose Pty Ltd (First Respondent) Prisand Pty Ltd (Second Respondent) Representation: Counsel: G Sirtes SC and P Bambagiotti (Applicant) IA Roberts SC and M Sheldon (Respondent)