44-50 Cooper Street

BUILDING AND CONSTRUCTION – contract – defects – where first defendant builder and second defendant developer entered building contract – where plaintiff owners corporation alleges general and fire safety defects – where principal claim arises from contention that the “effective height” of building exceeds 25 metres – whether inadequate fire safety measures for building – construction of the Building Code of Australia – meaning of “effective height” – meaning of “storey” – whether garbage collection area, or, in the alternative, car park entry, is the “lowest storey” of the building BUILDING AND CONSTRUCTION – contract – where plaintiff owners corporation alleges a building contract between the second defendant developer and third defendant – where no written contract – where third defendant not licensed to perform residential building works – whether contract may be inferred by circumstances

CIVIL PROCEDURE – pleadings – amendment – where plaintiff seeks to exercise liberty to replead allegations against the third defendant – whether prejudice to the third defendant by reason of delay and other matters CIVIL PROCEDURE – admissions – where plaintiff’s proposed amended list statement contains new allegations as to an alleged contract between the second and third defendants said to be evidenced by “evidentiary admissions” in the second and third defendants’ cross-claim against third parties where the existence of such a contract is asserted – where that cross-claim is unverified but contains certificate by third defendant’s solicitor that there are reasonable grounds to make the allegations in the cross-claim – whether these allegations are admissions – whether these allegations are representations

CIVIL PROCEDURE — application for summary dismissal or strike out of pleadings — leave sought to withdraw alleged admissions in list response — where alleged admissions arise in part from obvious error in list response — court’s power to make amendment to facilitate just, quick and cheap resolution of real issues in dispute — finding that alleged admissions not truly admissions — General Steel test not met — no summary dismissal — finding that part of pleadings embarrassing and liable to be struck out