132-138 KILLEATON STREET ST IVES

COSTS – security for costs – relevant factors – where application made by defendant builder that plaintiff owners corporation provide security – whether reason to believe owners corporation could not meet adverse costs order – whether security should be ordered as a matter of discretion – where defendant builder contended that plaintiff owners corporation’s financial records were inaccurate as not having made provision for repair of defects necessary to ensure safety – whether implicit in that contention that such defects in fact exist COSTS – security for costs – owners corporation – factors relevant to determination of whether there is reason to believe an owners corporation could not meet an adverse costs order CORPORATIONS – corporate character – nature of an owners corporation – difference between owners corporation and ordinary corporations

CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where plaintiff served evidence-in-chief concerning alleged defects based on inspection of some of likely affected units – where plaintiff adduced evidence that such defects likely to be systemic – where lengthy settlement negotiations followed but were not successful – where plaintiff, with consent of defendant, served extensive further evidence – whether plaintiff should have leave to amend its List Statement to reflect that evidence – whether adequate explanation for delay LIMITATION OF ACTIONS – where pleadings to be amended to incorporate further allegations of defect and causes of action – where amendments arise out of same or similar facts – whether Court should order that amendments take effect only from the date of application to amend