Kwiatkowski v Plum Pictures Ltd [2022] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: Kwiatkowski v Plum Pictures Ltd [2022] NSWSC 362 Hearing dates: 9 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Common Law Before: Rothman J Decision: 1. The Court directs the plaintiff to file a Short Minute of Order granting leave to file the proposed Amended Statement of Claim and for substituted service on the second defendant. 2. The plaintiff will pay the first defendant's costs of the Motion and any costs thrown away as a consequence of the amendment to the Statement of Claim. Catchwords: CIVIL PROCEDURE – Amendment to Statement of Claim – Statutory Duty – Limitation – Confined to particular of negligence by amendment permitted – Substituted service on Defendant allowed. Legislation Cited: Civil Liability Act 2001 (NSW), ss 5B and 5D Civil Procedure Act 2005 (NSW), ss 64 and 65 Marine Safety Act 1998 (NSW), ss 13(a), 13(b), 13(c), 13A(1), 13A(2) and 99 Uniform Civil Procedure Rules 2005 (NSW), r 19.1 Work Health and Safety Act 2011 (NSW), s 19 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Govic v Boral Australian Gypsum Ltd (2015) 47 VR 430; [2015] VSCA 130 McGee v Yeomans [1977] 1 NSWLR 273 State of New South Wales v Briggs (2016) 95 NSWLR 467; [2016] NSWCA 344 Category: Procedural rulings Parties: Anne Kwiatkowski (Plaintiff / Applicant) Plum Pictures Ltd (First Defendant / Respondent) Michelle Thomas, trading as Rapid Environment Response Unit (Second Defendant) Representation: Counsel: J McQuillen (Plaintiff / Applicant) A Hourigan (First Defendant / Respondent)