Upwood Stairs Pty Limited, Qualimaster Pty Limited & Hunter Stairs Pty Limited t/as Allwood Stairs v Insurance Australia Limited [2018] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: Upwood Stairs Pty Limited, Qualimaster Pty Limited & Hunter Stairs Pty Limited t/as Allwood Stairs v Insurance Australia Limited [2018] NSWSC 1506 Hearing dates: 4 October 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The Statement of Claim be amended by deleting paragraph 1 and replacing it as follows: "1. At all material times, the Plaintiff was a partnership carrying on the business of stair installations and trading under the registered business name of Allwood Stairs. 1A. At all material times, the Plaintiff entered into a contract for services with Andrew Hoffman (Hoffman) whereby Hoffman, as an independent contractor, provided to the Plaintiff services by way of carpentry and installation of stairs."

(2) The Plaintiff (as Cross-Defendant in proceedings 2017/00210228) have leave to withdraw the admission of paragraph 4(b) of the First Cross-Claim and to amend its Defence to the First Cross-Claim in proceedings 2017/00210228 to deny that paragraph.

(3) Grant the Plaintiff in proceedings 2017/00184097 leave to file an Amended Statement of Claim in the form attached to their solicitor's submissions dated 25 September 2018.

(4) In proceedings 2017/00210228 grant the first cross-defendant leave to file an Amended Defence to the First Cross-Claim in the form attached to their solicitor's submissions dated 25 September 2018.

(5) In proceedings 2017/00184097 grant the defendant 14 days to file an Amended Defence to the Amended Statement of Claim.