Farriss v Axford [2019] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: Farriss v Axford [2019] NSWSC 1085 Hearing dates: 30 July 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) Pursuant to ss 64(1) and 65(2)(c) of the Civil Procedure Act, the plaintiffs are granted leave to amend their statement of claim.

(2) The plaintiffs are to file and serve their amended statement of claim within 14 days.

(3) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – Application for leave to file an amended statement of claim – Where the plaintiff sustained injury when his hand became caught in a boat anchor chain – Whether there is sufficient explanation for delay – Whether the proposed amendments disclose a new cause of action Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-58, 64, 65 Limitation Act 1969 (NSW), ss 50C, 50D Cases Cited: Aon Risk Services Australia Limited v Australia National University (2009) 239 CLR 175 Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 Category: Procedural and other rulings Parties: Timothy William Farriss (First Plaintiff) Montana Productions Pty Ltd (Second Plaintiff) John William Axford (First Defendant) Jill Mary Axford (Second Defendant) Church Point Charter and Shipping Pty Ltd (Third Defendant) Representation: Counsel: AN Williams with S Blackman (Plaintiffs) J Turnbull SC (Defendants)