Orcher v Bowcliff Pty Ltd (No 4) [2011] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: Orcher v Bowcliff Pty Ltd (No 4) [2011] NSWSC 862 Hearing dates: 4 August 2011 Decision date: 12 August 2011 Before: Harrison J Decision: Plaintiff's application to amend statement of claim to allege third defendant vicariously liable as licensee granted Catchwords: PROCEDURE - amendment - application to amend statement of claim to allege third defendant vicariously liable as licensee - where no further evidence to be called on the issue - where plaintiff already alleges third defendant vicariously liable as employer - whether claim obviously untenable or manifestly groundless - application granted Legislation Cited: Civil Procedure Act 2005 Liquor Act 1982 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Colonial Mutual Life Assurance Society Limited v The Producers and Citizens Co-operative Assurance Company of Australia Limited [1931] HCA 53; (1931) 46 CLR 41 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd [1986] HCA 34; (1986) 160 CLR 626 Sweeney v Boylan Nominees Pty Ltd [2006] HCA 19; (2006) 226 CLR 161 Texts Cited: Fleming's The Law of Torts, 10th ed (2011) Category: Procedural and other rulings Parties: John James Orcher (Plaintiff) Bowcliff Pty Ltd (t/as The Bridge Hotel Rozelle) (First Defendant) Tamiano Paseka (Second Defendant) Richard Francis Keough (Third Defendant) QBE Insurance (Australia) Limited (Fourth Defendant) Representation: J E Sexton SC (Plaintiff) R S Sheldon SC (First and Third Defendants) S G Campbell SC with T Berberian (Fourth Defendant) Carneys Lawyers (Plaintiff) Wotton + Kearney (First and Third Defendants) Lee and Lyons Lawyers (Fourth Defendant) File Number(s): 2009/296392