NSW Caselaw
New South Wales District Court
CITATION: Jeremiah Wade v Josa Services Pty Limited trading as Josa Constructions & Ors [2007] NSWDC 184 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 13, 14, 23 February, 8 March, 4 May 2007; further written submissions to 28 May 2007
JUDGMENT DATE: 6 June 2007
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
DECISION: (1) Notice of Motion dismissed; (2) Plaintiff to pay the costs of the respondents to the Notice of Motion; (3) Liberty to restore re costs; (4) Exhibits retained for 28 days.
CATCHWORDS: Limitations - work accident - application to amend claim against existing defendant after limitation period (Civil Procedure Act 2005 ss 64, 65) - application to join additional parties after expiry of limitation period - delay - plaintiff's knowledge of relevant facts and limitation periods - substantial prejudice issues including supervening accident - application dismissed
Civil Procedure Act 2005 (NSW), Part 6 ss 56-62, ss 64, 65 Construction Safety Act 1912 (NSW), rr 73, 127 LEGISLATION CITED: Limitation Act 1969 (NSW), ss 60C, 60E Motor Accidents Compensation Act 1999 (NSW), s 109 Workers Compensation Act 1987 (NSW), s 151D
Alamdo Holdings Pty Ltd v Australian Window Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Council of the City of Sydney v Zegarac (1998) 43 NSWLR 195 Furnishings Pty Ltd [2006] NSWSC 1073 Holt v Wynter (2000) 49 NSWLR 128 CASES CITED: Itek Graphix Pty Limited v Elliott (2000-2002) 54 NSWLR 207 Martin v Abbott Australasia Pty Limited [1981] 2 NSWLR 430 Pack-Tainers Pty Limited v Moore [2005] NSWCA 43 Parsons v Doukas (2001) 52 NSWLR 162 Sargent v A S L Developments Ltd (1974) 131 CLR 634 Street & 7 Ors v Luna Park Sydney Pty Ltd & Anor [2006] NSWSC 230 Williams v The Commissioner for Aboriginal Land Rights Acts (1994) 35 NSWLR 497
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