The Court held that the 10-year 'long-stop' in s 6.20 of the EPA Act applies to claims for contribution under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) brought against participants in the building industry in respect of defective building work, and that s 74 of the Limitation Act 1969 (NSW) cannot extend the long-stop for cross-claims against existing parties. Leave to amend the plaintiff's pleading to add a DBP Act claim against the certifier was refused, where the amendment was brought one day before the long-stop expired without explanation for eight months' delay, and the certifier was thereby deprived of the ability to file viable contribution cross-claims in time, constituting 'obvious and significant' prejudice.
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