Parkview Constructions Pty Ltd v The Owners – Strata Plan No 90018

[2023] NSWCA 66

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Residential building work
3. › Statutory warranties
4. › Home Building Act 1989 (NSW), s 18B
5. › Claims by owners corporation against builder and developer
6. › Whether claims statutory or contractual
7. › Whether single cause of action for breach of contract
8. › Whether amendments to introduce new defects more than six years after completion should be permitted
9. › Home Building Act 1989 (NSW), ss 18B, 18BA, 18C, 18D, 18E
1. Practice and Procedure
2. › Amendment of pleadings
3. › Amendment after expiry of limitation period
4. › Whether amendment introduces new cause of action
5. › Meaning of 'cause of action' in context of amendment
6. › Civil Procedure Act 2005 (NSW), ss 64, 65
1. Practice and Procedure
2. › Res judicata
3. › Single cause of action in building cases
4. › Whether statutory modifications to res judicata altered nature of cause of action for amendment purposes
5. › Onerati v Phillips Constructions Pty Ltd (in liq) (1989) 16 NSWLR 730

Quick Take

Adding further alleged defects to existing proceedings under the Home Building Act will ordinarily not constitute a 'new cause of action' for the purposes of s 65 of the Civil Procedure Act, and amendments can relate back to the commencement of proceedings even after the expiry of the s 18E limitation period.