Bacon v Vicsail PTY LTD [2024] NSWSC 1155

Supreme Court New South Wales

Medium Neutral Citation: Bacon v Vicsail PTY LTD [2024] NSWSC 1155 Hearing dates: 22 August 2024 Date of orders: 11 September 2024 Decision date: 12 September 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff file his amended statement of claim and serve the same on the first and second defendants by 26 September 2024. (2) The first and second defendants file and serve their amended defences to the Amended Statement of Claim by 10 October 2024. (3) The proceedings be listed for further directions before the Judge in the Admiralty List on 17 October 2024 (4) The plaintiff is to serve a copy of this judgment together with the amended statement of claim on the third defendant. (5) Costs of the plaintiff's notice of motion dated 12 July 2024 be plaintiffs or the first defendant's costs in the motion. Catchwords: NEGLIGENCE – Jurisdiction – Admiralty – Sailboat – Keel – Joining of third Defendant – company from USA -- Amended Statement of Claim – capsizing –– proper pleadings -- Legislation Cited: Australian Consumer Law. s 18, Civil Liability Act 2002 (NSW). Part IV, s 64(1)(2), s 5B, s 5D, s 56(1) Civil Procedure Act 2005 (NSW). s 56(1) Uniform Civil Procedure Rules 2005 (NSW). rr 11.4 (1)(2), Part 19.1(1)(2)(3), Part 19.2(4), Part 19.4(1) (2)(3), Part 19.5(1)(2)(3), Part 19.6, Schedule 6(a) (h)(j) Cases Cited: Commissioner for Fair Trading v Jonval Builders Pty Ltd [2019] NSWSC 1893, [20]. Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (1988) 79 ALR 83 I & L Securities Pty Limited v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109, 128 [57] Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR Category: Principal judgment Parties: John Bacon (Plaintiff) Vicsail (First Defendant) Bret Perry (Second Defendant) Farr Yacht Design Limited (Proposed Third Defendant) Representation: Counsel: J.M. Ireland KC (Plaintiff) C.L.W Street (First Defendant) K. Lewis (Second Defendant)