ROBERTS v STATE RAIL AUTHORITY of NSW known as RAILCORP PRICE v RAIL CORPORATION of NSW known as RAILCORP [2011] NSWSC 1167

Supreme Court New South Wales

Medium Neutral Citation: ROBERTS v STATE RAIL AUTHORITY of NSW known as RAILCORP PRICE v RAIL CORPORATION of NSW known as RAILCORP [2011] NSWSC 1167 Hearing dates: 1 September 2011 Decision date: 04 October 2011 Before: HOEBEN J Decision: In each matter I grant leave pursuant to s64 of the Civil Procedure Act 2005 to the defendant to file and serve an Amended Defence which raises the application of the Motor Accident Compensation Act 1999 to each claim. Such Amended Defence is to be filed and served on or before 4pm on Friday 28 October 2011. In each matter the defendant is to pay the plaintiff's costs of the motion, including the costs of the hearing before me on 1 September 2011. Catchwords: PRACTICE AND PROCEDURE - application by defendant to amend Defence - explanation of delay - delay not substantial - proposed amendment raised jurisdictional issues - whether Motor Accident Compensation Act 1999 applied to proceedings so that plaintiffs had to comply with sections 108 and 109 of that Act - whether amendments futile - amendments arguably effective - amendments should be allowed - costs. Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Cases Cited: Aon Risk Services Australia v Australian National University [2009] HCA 27, [2009] 239 CLR 175 Pender v Power Coal [2002] NSWSC 925 Sheehan v SRA; Wicks v SRA [2009] NSWCA 261 Category: Procedural and other rulings Parties: Scott Roberts - Plaintiff State Rail Authority of NSW known as Railcorp - Defendant Kylie Price - Plaintiff Rail Corporation of NSW known as Railcorp - Defendant Representation: Mr B Gross QC - Plaintiffs Mr D Lloyd - Defendants Carroll & O'Dea - Plaintiff Roberts Baker & Edmunds - Plaintiff Price DLA Piper Australia - Defendants File Number(s): 2010/265376 2010/287716