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Third party notices in claims regarding damage to residential properties were not served as soon as reasonably possible

By: James Cross BL

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High Court, in cases arising from alleged damage to residential properties by reason of the use of aggregate infill in the construction of the property, sets aside third party notices, on the grounds that the Defendant failed to discharge the onus of proof showing that the application to join the proposed third parties was served as soon as was reasonably possible.

Applications to set aside third party notices – damage to residential properties by reason of the use of aggregate infill in the construction of the property which is alleged to have contained pyrite and elevated levels of sulphate – delay in issuing third party notice – relevant caselaw - chronology of events - explanations for delay - whether third party notice has been served “as soon as is reasonably possible” - prejudice – failed to discharge the onus of proof showing that the application to join the proposed third parties was not served as soon as was reasonably possible.

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