Collinson v Paxus Australia Pty Limited (No 2) [2021] NSWSC 1032

Supreme Court New South Wales

Medium Neutral Citation: Collinson v Paxus Australia Pty Limited (No 2) [2021] NSWSC 1032 Hearing dates: 13 August 2021 Decision date: 17 August 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to amend paragraphs 3 and 4 of its draft further amended statement of claim. (2) Otherwise, dismiss the plaintiff's notice of motion filed on 10 June 2021. (3) Unless any party makes a written application within 7 days for a different order: (a) order the plaintiff to pay Transport for NSW's and Career Corporation Pty Ltd's costs of the notice of motion; and (b) order the first, second and third defendants' costs of the notice of motion to be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – application for leave to amend pleading to join as defendants parties against which the plaintiff had previously discontinued proceedings on terms that included undertaking not to sue – whether amounts to an abuse of process – amendment to join parties refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 64, 91 Contracts Review Act 1980 (NSW) Limitation Act 1969 (NSW), ss 50C, 50D Uniform Civil Procedure Rules 2005 (NSW), r 12.3 Workers Compensation Act 1987 (NSW) Cases Cited: Donellan v Watson (1990) 21 NSWLR 335 Galati v Deans (No 2) [2018] NSWSC 1813; (2018) 133 ACSR 516 Hall v Nominal Defendant (1966) 117 CLR 423; [1966] HCA 36 James Point Pty Ltd v Minister for Transport (No 3) [2018] WASC 277 Murgolo v AAI Ltd t/as AAMI (2019) 101 NSWLR 376; [2019] NSWCA 295 R v Birks (1990) 19 NSWLR 677 Sophron v Nominal Defendant (1957) 96 CLR 469; [1957] HCA 27 The Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR 587; [2017] NSWCA 341 Transport Secretary v Australian Rail Tram and Bus Industry Union [2017] NSWSC 696 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Yonge v Toynbee [1910] 1 KB 215 Category: Procedural rulings Parties: Stephen Collinson (Plaintiff) Paxus Australia Pty Limited (First Defendant) Malvina Park Pty Ltd trading as Firths the Superannuation Lawyers (Second Defendant) Harmers Workplace Lawyers (Third Defendant) Transport for New South Wales (First Cross Defendant) Career Corporation (Second Cross Defendant) Representation: Counsel: J Sheller SC / E Grotte (Plaintiff) L King SC / D Kelly (First Defendant) W Fitzsimmons SC (Second and Third Defendants) N Hogan (First Cross Defendant) A Ahmad (Second Cross Defendant)