Farmer v Broadspectrum (Australia) Pty Ltd [2022] NSWSC 1423

Supreme Court New South Wales

Medium Neutral Citation: Farmer v Broadspectrum (Australia) Pty Ltd [2022] NSWSC 1423 Hearing dates: 14 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Common Law Before: Garling J Decision: See [16] Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Late application for amendment — No explanation for lateness — No prejudice — Amendment allowed Legislation Cited: Not applicable Cases Cited: Not applicable Category: Procedural rulings Parties: William Farmer (P) Broadspectrum (Australia) Pty Ltd (D1) Wilson Security Pty Ltd (D2) Representation: Counsel: M Cranitch SC (P) D Priestley SC (D1) W Reynolds (D2)

Solicitors: Somerville Laundry Lomax (P) Gilchrist Connell (D1) JLN Corporate Services Pty Ltd (D2) File Number(s): 2018/175460 Publication restriction: Not applicable

EX TEMPORE Judgment 1. This is an application by the plaintiff to amend his Statement of Claim by the addition of a further particular of negligence in the following form: "Failing to provide adequate lighting at or near the staircase." That particular of negligence is said to be relevant to the claims made against both the first defendant and the second defendant. 2. Proceedings were commenced against the first defendant in June 2018 and against the second defendant on 29 June 2022. No doubt each of them, however, had notice of the plaintiff's accident when he fell down some stairs in his accommodation block at Nauru either at the time it happened or in a very short time thereafter.