Case Reports

Joinder - Statute barred actions

In Owners Corporation of Strata Plan 61896 v Multiplex Corporate Agency Pty Ltd [2009] NSWSC 1226 (5 November 2009), the New South Wales Supreme Court considered an Application for joinder. The Applicant owners' corporation owned common property of residential strata development. Proceedings were commenced against first respondent builder for negligence and breach of warranties under (NSW) Home Building Act 1989. The plaintiff sought to join an additional respondent ("Brookfield") to the action so as to make a claim against it in negligence. The respondents submitted joinder futile as applicant's claim for pure economic loss against additional respondent statute barred under (NSW) Limitation Act 1969 s 14(1)(b). Held: Insufficient information known of the damage suffered and circumstances sustained to justify determination whether Applicant's claim against additional respondent statute barred. Application granted.