Greenwood v Papademetri [2007] NSWCA 221

New South Wales Court of Appeal

CITATION: Greenwood v Papademetri [2007] NSWCA 221

HEARING DATE(S): 27 July 2007

JUDGMENT DATE: 27 August 2007

JUDGMENT OF: Tobias JA at 1; Campbell JA at 2; Young CJ in Eq at 94

DECISION: (1) Leave to appeal granted.; (2) Direct Claimant to file, within 14 days, a notice of appeal in the form of the draft already supplied to the Court.; (3) Orders below set aside. In lieu thereof, grant leave to the Opponent to file a Further Amended Statement of Claim, in the same form as the Amended Statement of Claim, save only that it does not contain an allegation that Mr Jamiel Antoun was the owner of the premises.; (4) Claimant to pay costs of the Opponent of the application.

CATCHWORDS: PRACTICE AND PROCEDURE – parties – joinder of party to proceedings – adding a party after expiration of limitation period – effect of joinder of party on operation of limitation periods – substitution of party – correcting mistake in name of party – whether multiple parties may replace single party – date as at which amendment of parties effective – type of mistake able to be corrected – existence of discretion even if relevant type of mistake found to exist – Civil Procedure Act 2005, s 65(2)(b) - LIMITATION OF ACTIONS – general – personal injury actions – Limitation Act 1969, s18A, Div 6 – "survivor action" – circumstances in which extension of time to sue in personal injury actions can be granted – interaction of Limitation Act and section 65(2)(b) Civil Procedure Act - TORTS – nuisance – public nuisance – elements of offence – who may be sued for public nuisance – where builder carried out work on private land that created public nuisance – liability of builder – liability of occupier of land – liability of owner of land - WORDS AND PHRASES – "correct a mistake in the name of a party to the proceedings"