The County Court granted the defendant Homes Victoria leave to amend its defence shortly before trial to plead that it had discharged its duty of care in part by engaging and supervising reputable and competent contractors for cleaning, inspection and maintenance. The Court found the interests of justice favoured allowing the amendment notwithstanding prejudice to the plaintiff, including that the plaintiff's case could not proceed as currently pleaded and that the question of joinder of additional defendants arose. The substantive legal principles were set out in the companion ruling in Holzer v Homes Victoria [2026] VCC 472 and were not repeated.
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