Miljus V CSR Ltd [2010] NSWSC 569

New South Wales Supreme Court

CITATION : Miljus V CSR Ltd [2010] NSWSC 569

HEARING DATE(S) : 28/5/2010 & 31/5/2010

JUDGMENT DATE : 7 June 2010

JUDGMENT OF : Davies J

DECISION : (1) The Plaintiff is to pay the Second Defendant's costs of the application to amend by the filing of the Third Amended Statement of Claim (2) The Plaintiff is to pay the Second Defendant's costs of and occasioned by the amendment contained in the Fourth Amended Statement of Claim.

CATCHWORDS : PROCEDURE - amendment - application to amend on fourth day of hearing to add new count of breach of statutory duty - existing claim pleaded common law negligence only - alleged mistake by lawyers in relation to applicability of statute and regulations - proceedings on foot for 6 years - 2 previous amendments to Statement of Claim - prejudice to Defendants and Cross-Defendants - case management principles - application refused.

Civil Procedure Act 2005 Construction Safety Act 1912 Construction Safety Regulations 1950 LEGISLATION CITED : Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Ritchie's Uniform Civil Procedure NSW Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27 (2009) 83 ALJR 951 CASES CITED : Buckman v Flanagan (1974) 133 CLR 422 Multiplex Constructions (NSW) Pty Ltd v Lopez (2004) NSWCA 319 Uniting Church v Takacs [2008] NSWCA 141

Damien Miljus (Plaintiff) CSR Limited (First Defendant) Watpow Constructions Pty Ltd (Second Defendant) Edensor Transport Pty Ltd (3rd, 4th and 5th Cross-Claimant) PARTIES : Workers Compensation Nominal Insurer (Defendant to the 4th Cross-Claim) Insurance Australia Limited t/as Nrma Insurance Ltd (Defendant to the 5th Cross-Claim)