Graham v John Allan Friswell t/as Ripcord Skydivers [2015] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: Graham v John Allan Friswell t/as Ripcord Skydivers [2015] NSWSC 504 Hearing dates: 16 March 2015 Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction: Common Law Before: Bellew J Decision: The matter is listed for further directions before me on Friday 15 May 2015 at 9:15am. The parties are to bring in Short Minutes of Order on that day reflecting the conclusions I have reached in this judgment. Absent agreement as to costs, I will hear argument and make orders on the next occasion. Catchwords: PRACTICE AND PROCEDURE – amendment of statement of claim – where successive attempts made to correctly name the defendant – where amendment correctly naming the defendant made after expiration of limitation period – whether mistake or misnomer or whether plaintiff intending to sue a different party

PLEADINGS – claim by plaintiff for damages for injuries sustained in a parachuting/skydiving attempt – where plaintiff sought to plead a cause of action based on warranties implied by the Trade Practices Act - where the defendant an individual as opposed to a corporation – where relevant contract provided that the governing law was that of the ACT – whether Trade Practices Act applied

PLEADINGS – where plaintiff sought to plead a cause of action based on unconscionable conduct contrary to the Trade Practices Act – where relevant contract provided that the governing law was that of the ACT - whether Trade Practices Act applied

PLEADINGS – where the plaintiff sought to plead a cause of action based on unconscionable conduct contrary to the Fair Trading Act (ACT) – where relevant contract providing that the governing law was that of the ACT - whether Fair Trading Act (ACT) had extra territorial operation so as to apply