BUILDING AND CONSTRUCTION – civil procedure – application to amend Technology and Construction List Response – proposed amendment to limitation defence based on construction of Home Building Act 1989 (NSW), ss 18C and 18E and schedule 4, clause 109 – defendants had previously withdrawn limitation defence prejudice to the plaintiff if limitation defence now re-introduced whether consistent with overriding purpose and dictates of justice to grant leave to amend leave refused

CIVIL PROCEDURE – application for leave to file a cross-summons and list cross-claim statement against sub-contractors of the defendant builder where no material facts pleaded or alleged defects particularised in support of the allegations application dismissed

 The Owners – Strata Plan No 89005 v Stromer [2021] NSWSC 853 (14 July 2021)