Hofman; Sly, Powderly & Cunnington v State of New South Wales [2015] NSWSC 129

Supreme Court New South Wales

Medium Neutral Citation: Hofman; Sly, Powderly & Cunnington v State of New South Wales [2015] NSWSC 129 Hearing dates: 27 February 2015 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Second Defendant's application to vacate hearing of Notices of Motion today is refused.

2. Leave to First Defendant in each matter to file amended Cross-Claims. The form of the Cross-Claims is to be in the form annexed to Notices of Motion omitting paragraph 5A.

3. Costs of the Motions are to be the First Defendant's costs in the cause.

4. Extend time for the Second Defendant to file and serve any evidence to be relied on in relation to the hearing to 23 March 2015. Any evidence not filed and served by 23 March 2015 will not be permitted to be relied upon without leave from Davies J or the trial judge.

5. Defences to Amended Cross-Claims to be filed and served by 23 March 2015. Catchwords: LIMITATION OF ACTIONS – claim by joint tortfeasor – when time begins to run – judgment given against one tortfeasor in May 2014 – application by cross-claimant to amend cross-claim to plead the judgment – cross-claim not statute-barred – leave given to amend Legislation Cited: Limitation Act 1969 (NSW) Category: Procedural and other rulings Parties: State of New South Wales (Cross-Claimant) Garry Taylor (Cross-Defendant) Representation: Counsel: M Hutchings (Cross-Claimant) No appearance (Cross-Defendant)