Strata Plan No 8017 trading as the Owners - Strata Plan 8017 v Makawi Manly Pty Ltd

In the matter of Strata Plan No 8017 trading as the Owners - Strata Plan 8017, the plaintiff sought leave to amend its Statement of Claim. The plaintiff is contesting the defendant, Makawi Manly Pty Ltd, over matters related to strata title. The application was heard in the Supreme Court of New South Wales. The plaintiff sought to join an additional defendant and amend the Statement of Claim to include claims that might otherwise be statute-barred. The court was required to determine whether the plaintiff could amend the Statement of Claim to include the additional defendant and claims, and if so, whether this would prejudice the defendant's rights to a fair trial.

The court considered the principles governing amendments to pleadings, including the need for amendments to be made promptly and without undue delay. The court also considered the test for determining whether an amendment would cause prejudice to the defendant's rights to a fair trial. The court found that the amendment would not cause undue delay, and that the additional defendant had been aware of the potential for claims against it for some time. The court also found that the amendment would not cause prejudice to the defendant's rights to a fair trial, as the additional defendant would have had sufficient time to prepare a defence and the claims were not so different in nature as to cause prejudice. The court therefore granted the plaintiff leave to amend its Statement of Claim as proposed.

The court ordered that the plaintiff must effect the amendment by 5pm on 23 April 2025, and that the defendant must file an amended defence by 5pm on 7 May 2025. This decision ensures that the plaintiff can pursue its claims against the additional defendant, while also protecting the defendant's rights to a fair trial. The orders provide a clear timeline for the amendment and defence processes, ensuring that the case can proceed in an efficient and effective manner.