Boughton v Masterton Homes Pty Ltd

In the case of Boughton v Masterton Homes Pty Ltd, the plaintiff sought to hold the builder responsible for defects in a residential property, while the builder sought to bring a cross-claim against the engineer for the same defects. The dispute was heard in the Supreme Court of Queensland. The builder applied for leave to file a cross-claim against the engineer, arguing that the defects were a result of the engineer's design and advice. The plaintiff opposed the application, arguing that the builder had unreasonably delayed in bringing the cross-claim and that granting leave would cause substantial delay to the proceedings.

The court considered whether to exercise its discretion to grant leave for the builder to file a cross-claim against the engineer. The court noted that the builder had identified the engineer as a potential concurrent wrongdoer two years earlier, but had not taken any steps to bring a cross-claim until after the plaintiff had filed their statement of claim. The court also considered the principles set out in previous cases, which emphasised the importance of bringing cross-claims promptly and providing adequate explanation for any delay. The court found that the builder's explanation for the delay was inadequate and that granting leave would result in substantial delay to the proceedings. The court therefore refused the builder's application for leave to file a cross-claim.

The court held that the principles set out in previous cases regarding cross-claims applied to this case. The court found that the builder had failed to provide an adequate explanation for the delay in bringing the cross-claim and that granting leave would result in substantial delay to the proceedings. The court noted that the delay had already caused prejudice to the plaintiff, who had not had the opportunity to defend against the potential cross-claim. The court therefore refused the builder's application for leave to file a cross-claim against the engineer. The court's decision was based on the specific circumstances of the case, including the delay in bringing the cross-claim and the lack of adequate explanation for that delay.