In Body Corporate for the Johnson CTS 49098 v Maxcon Constructions Pty Ltd [2024] QSC 65, the Supreme Court of Queensland assessed an application stemming from a dispute over defective design and construction works. The plaintiff, Body Corporate for the Johnson CTS 49098, claimed that it inherited rights under a contract originally held by the former property owner, Asian Pacific Group Pty Ltd, who had engaged the defendant, Maxcon Constructions Pty Ltd, to undertake the work. The plaintiff alleged that both the design and construction were flawed. Maxcon countered, claiming the contract was a sham and that Asian Pacific Group, not Maxcon, was responsible for the design work. The plaintiff sought to join a new defendant, Asian Pacific Building Corporation, alleged to have undertaken the design work, but Maxcon disputed this and argued the application was out of the limitation period. Judge Martin SJA found insufficient evidence to support claims against Asian Pacific Building Corporation and noted no exceptional circumstances justifying the delay. The application to join the new defendant was dismissed.
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