Perino v Hall [2017] NFSC 5

SUPREME COURT OF NORFOLK ISLAND

Perino v Hall [2017] NFSC 5 File number: SC 4 of 2016

Judge: BESANKO CJ

Date of judgment: 17 October 2017

Catchwords: PRACTICE AND PROCEDURE – Consideration of an application for an order under r 40 of the Court Procedure Rules 2006 (ACT) or the Court's inherent power that the plaintiff's Statement of Claim be set aside – in the alternative, an order under r 425(1) of the Rules that the Statement of Claim be struck out – in the alternative, an order under r 425(3) that the proceeding be dismissed – whether the plaintiff's claim is barred or prohibited by the common law principle of res judicata – whether the plaintiff's action is barred by s 43 of the Employment Act 1988 (NI) – whether there is an estoppel based on the fact of previous proceedings before the Employment Tribunal and delay – whether the proceeding is an abuse of process – where it is not unarguable in the relevant sense that s 43 of the Employment Act does not bar the plaintiff's claims against the defendants – where the plaintiff has commenced her action within time. PRACTICE AND PROCEDURE – Consideration of an application for leave to amend pleadings – where the plaintiff seeks to include a further cause of action – where the plaintiff seeks to join another defendant to the proceedings – where the Court is not satisfied that the plaintiff's proposed causes of action are so weak that the proposed amendments and joinder should not be allowed – where the plaintiff is well within the time limit for instituting a proceeding against the proposed defendant.

Legislation: Court Procedure Rules 2006 (ACT) rr 40, 425 Employment Act 1988 (NI) ss 26, 27, 28, 37, 39A, 43, 65 Law of Negligence and Limitation of Liability Act 2008 (NI) s 49 Limitations of Actions Act 2008 (NI) s 38 Supreme Court Act 1960 (NI) s 19