Aqua Technics (WA) Pty Ltd v Summit Chemicals Pty Ltd

Aqua Technics (WA) Pty Ltd sought damages against Summit Chemicals Pty Ltd, alleging defects in swimming pools caused by faulty fibreglass gun rovings supplied by Summit Chemicals. Summit Chemicals, in turn, sought to pass the claim to Vetrotex Espana SA, the manufacturer of the gun rovings, and RF Services Pty Ltd, its Australian agent. The central legal issue was whether Summit Chemicals could amend its statement of claim in the third-party proceedings to include additional contracts and new causes of action against Vetrotex Espana.

The court, McKechnie J, examined the third-party notice to determine the scope of the claims that could be made against Vetrotex Espana. The court found that the third-party notice limited the claims to those related to moisture content in the gun rovings. The proposed amended statement of claim extended the time frame and included new defects, which went beyond the scope of the third-party notice. McKechnie J held that the proposed amendment introduced new claims not contemplated by the third-party notice and thus was not permissible. The court concluded that while the amendment could not proceed as proposed, Summit Chemicals could re-plead within 21 days, provided the amendment adhered to the limitations set by the third-party notice.

The court's judgment refused the application to amend the third-party statement of claim as proposed but allowed Summit Chemicals to re-plead within 21 days in accordance with the judgment. The re-pleaded statement of claim was to be limited to contracts entered into after December 1996 and could not expand the defects alleged beyond moisture content. The costs of the application were reserved for later determination.