Tam v Super Seasons Pty Ltd [2024] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: Tam v Super Seasons Pty Ltd [2024] NSWSC 873 Hearing dates: 15-16 July 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Common Law Before: Campbell J Decision: Grant leave to the cross claimant to amend the third cross claim consistently with the reasons of this judgment. Catchwords: CIVIL PROCEDURE – pleadings – amendment – late application for amendment – late briefing of new counsel – proceedings commenced in 2020 – loss of ten hearing days in October 2022 – proposed amendment essentially the same as the case propounded in June 2023 – no forensic prejudice – imperative the matter proceed – leave granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 91 Law Reform Miscellaneous Provisions Act 1946 (NSW), s 5 Workers Compensation Act 1987 (NSW), ss 9AA, 9AC, 20 Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 48 Cases Cited: Aon Risk Services Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Texts Cited: Mason et al, Mason and Carter's Restitution in Australia (4th ed, 2021, LexisNexis Australia) Category: Procedural rulings Parties: Ching Tam (Plaintiff) Super Seasons Pty Ltd (First Defendant) Victorian WorkCover Authority (Second Defendant) Workers Compensation Nominal Insurer (Third Defendant) Representation: Counsel: R Sheldon SC with A Parker (Plaintiff) J Sexton SC (First Defendant) S Smith KC with I Griscti (Second Defendant) A Ahmad (Third Defendant)