NSW Caselaw
New South Wales Supreme Court
CITATION : Dunlop v EDL Operations Limited & Ors [2007] NSWSC 1070 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24/09/2007
JUDGMENT DATE : 28 September 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Notice of Motion filed on 24 May 2007 is dismissed. The plaintiff is to pay the costs of the Notice of Motion.
CATCHWORDS : Amendment application - alleged mistake as to name of defendants - the nature of the power and discretionary considerations
LEGISLATION CITED : Civil Procedure Act 2005 (NSW)
CASES CITED : Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231
Stewart Dunlop (Pl) PARTIES : EDL Operations Limited (1st Def) Energy Developments Limited (2nd Def) Whytes Gulley Environmental Pty Limited (3rd Def)
FILE NUMBER(S) : SC 20371/06
COUNSEL : Mr A. Capelin (Pl) Ms. T. A. Berberian (2nd & 3rd Def's)
SOLICITORS : Russell McLelland Brown Lawyers (Pl) Ebsworth & Ebsworth Lawyers (2nd & 3rd Def's)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ASSOCIATE JUSTICE MALPASS
28 SEPTEMBER 2007
20371/06 Stewart Dunlop v E.D.L. Operations Limited & Ors
JUDGMENT 1 HIS HONOUR: On 10 October 2001, the plaintiff signed an employment agreement with EDL Group Operations Pty Limited and was seconded to Bright Star Environmental. He worked at a waste recycling plant at Whytes Gully. On 13 June 2002, he suffered injury when leaning over a rail and pulling on a submersible pump. 2 On 29 April 2005, he commenced proceedings in the District Court. The pleading named three defendants (EDL Operations Limited, Energy Developments Ltd and Whytes Gully Environmental Pty Limited). The pleading contained the following:- "2. At all material times the defendants and each of them had the care, control, management, maintenance and were in occupation of premises situated at Kembla Grange and operated as an alternative energy plant. 3. At all material times the plaintiff was employed by Bright Star Environmental Pty Limited t/as Bright Star Environmental."
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