The Owners - Strata Plan No 68372 v Allianz Australia Insurance Limited

The dispute involved the owners of Strata Plan No 68372, who sought to amend the Scott Schedule to include additional items of damage and liability for which Allianz Australia Insurance Limited, their insurer, was allegedly responsible. The matter was heard in the Supreme Court of New South Wales. The plaintiffs contended that the insurer had failed to adequately respond to their claim for damages, leading to the need for amendments to the Scott Schedule. Allianz opposed the application on the basis that the plaintiffs' claims were statute-barred.

The court was tasked with determining whether the plaintiffs' application to amend the Scott Schedule was permissible under the relevant legislative framework, and if the claims were indeed statute-barred. The plaintiffs argued that the amendments were necessary to include all relevant items of damage and liability, and that the statute of limitations did not apply. Allianz contended that the claims were time-barred and that the plaintiffs had failed to provide sufficient justification for the amendments.

The court considered the applicable statutes and case law, and found that the plaintiffs' application to amend the Scott Schedule was permissible, provided that the amendments were not being used as a means to circumvent the statute of limitations. The court noted that the plaintiffs' claims were indeed subject to a statute of limitations, but found that Allianz had waived its right to rely on the statute of limitations by its conduct in the proceedings. The court concluded that the plaintiffs' application to amend the Scott Schedule should be granted, as the insurer had not demonstrated any prejudice resulting from the delay in making the amendments.

The court ordered that the Scott Schedule be amended to include the additional items of damage and liability claimed by the plaintiffs. The court also ordered that Allianz pay the plaintiffs' costs associated with the application to amend the Scott Schedule, as Allianz had not succeeded in its opposition to the application.