NSW Caselaw
New South Wales District Court
CITATION: Allen v Lloyd-Jones (No. 4) [2010] NSWDC 93 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27 May 2010
JUDGMENT DATE: 27 May 2010
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Plaintiff's application to join Elm Grove Sanctuary Limited as trustee of the Elm Grove Sanctuary Trust dismissed. DECISION: (2) Plaintiff to pay the costs of the defendant and Elm Grove Sanctuary Limited of this application. (3) Matter stood on to Friday 11 June 2010 at 9:00am for argument on contextual imputations (1 hour argument).
CATCHWORDS: PRACTICE AND PROCEDURE - application for joinder of party to proceedings after expiration of limitation period - Civil Procedure Act 2005 (NSW), ss 64 and 65 - type of mistake to be corrected - existence of discretion even if relevant type of mistake found to exist
Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64 and 65 LEGISLATION CITED: Limitation Act 1969 (NSW), s 56A Uniform Civil Procedure Rules 2005 (NSW), Part 6 r 6.24(1)
Allen v Lloyd-Jones (No 3) [2010] NSWDC 53 AON Risk Services Australia Limited v Australian National University [2009] HCA 27 CASES CITED: Greenwood v Papademetri [2007] NSWCA 221 Preston v Nikolaidis [2010] NSWSC 427 The Owners of Strata Plan 62658 v Black No Sugar Pty Ltd [2010] NSWSC 408 Webb v Bloch (1928) 41 CLR 331
PARTIES: Plaintiff: Anthony James Allen Defendant: Laurel Lloyd-Jones
FILE NUMBER(S): 1549 of 2009; 2009/00334582
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