14-16 DAINTREY CRESCENT RANDWICK

CIVIL PROCEDURE — Summary disposal under UCPR r 13.4 — Dismissal of cross-claim — Defective pleading concerning statutory duty under s 37 of the Design and Building Practitioners Act 2020 (NSW) — Whether Scott Schedule provided by the cross-claimant adequately identifies the precautions the building supervisor should have taken to manager the risk of harm

INSURANCE – procedure – civil – whether leave should be granted to proceed against the insurer pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – whether arguable case that the relevant policy would respond to a claim made against it by the certifier CORPORATIONS – procedure – civil – whether leave should be granted to proceed against the certifier in liquidation pursuant to s 471B of the Corporations Act 2001 (Cth) – where liquidator neither consents to nor opposes leave being granted

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on construction of Home Building Act 1989 (NSW), ss 18C and 18E and schedule 4, clause 109 – defendants had previously withdrawn limitation defence – prejudice to the plaintiff if limitation defence now re-introduced – whether consistent with overriding purpose and dictates of justice to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