Owners Corporation of Strata Plan 61896 v Multiplex Corporate Agency Pty Ltd

The plaintiff, Owners Corporation of Strata Plan 61896, sought to join an additional defendant, Multiplex Corporate Agency Pty Ltd (Brookfield), to an existing action. The plaintiff's initial action sought to hold the first defendant, Multiplex Constructions (Australia) Pty Ltd, liable for damage to a building. The plaintiff aimed to bring the claim against Brookfield in tort. The question before the court was whether the plaintiff's attempt to join Brookfield was futile because the claim against Brookfield was statute-barred.

The court considered the relevant statutory provision, section 14(1)(b) of the Limitations Act 1969, which states that an action in tort must be brought within three years from when the cause of action accrued. The court found that there was insufficient information about the damage suffered by the plaintiff and the circumstances in which it was sustained to determine when the plaintiff knew, or had the ability to acquire the knowledge, that the damage had been sustained. Therefore, it could not be said at this stage that the claim was statute-barred.

Accordingly, the court granted leave to the plaintiff to join Brookfield to the proceedings. The court noted that the plaintiff could not be required to make a futile application and that the joinder was not an abuse of process. The court also observed that the plaintiff was entitled to amend its pleadings to include the claim against Brookfield.