Event and Time
Event Description
- Parties Involved: FAS Group Pty Ltd (FAS Group) and Smith Construction Group Pty Ltd (Builder)
- Date of Ruling: 22 December 2023
- Primary Application: FAS Group applied to strike out certain paragraphs of the Builder's third-party claim and sought security for costs in the amount of $63,031.00.
- Context: The dispute arises from a primary claim by Liza Mantzaris against the Builder for alleged defective building work, with the Builder subsequently filing a third-party claim against FAS Group and others alleging several causes of action.
Application and Claims
- FAS Group's Position:
- Sought to strike out paragraphs of the third-party claim alleging breaches and negligence. - Requested security for costs based on concerns that the Builder has insufficient assets.
- Builder's Position:
- Opposed the application for security, arguing that their insurer would cover any costs incurred by FAS Group.
Judicial Decisions
- Outcome:
- Orders were granted striking out parts of the third-party claim with leave for the Builder to amend. - The application for security for costs was dismissed, as the court found no basis to believe that the Builder would be unable to pay costs.
Dispute Points and Legal Basis
Dispute Points
- FAS Group's Arguments:
- Asserted that the Builder does not have sufficient assets in Victoria to cover costs. - Supported the application with an affidavit from its solicitor establishing the concern.
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