Grills v Leighton Contractors Limited [2013] NSWSC 939

Grills v Leighton Contractors Limited [2013] NSWSC 939

Leave to amend was granted because, although the proposed new averments appeared difficult and possibly untenable, the Court could not be satisfied at the preliminary stage that they were clearly untenable. Since the hearing fixed for 5 August 2013 could still proceed and QBE could be ready to participate, case management considerations did not justify refusal, and permitting the amendment would allow the real issues in dispute to be determined.

Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Common Law; Interlocutory Applications / Application to Amend Statement of Claim and Join Insurer as Defendant
Outcome
Leave granted to amend the statement of claim; QBE Insurance (Australia) Limited joined as third defendant; directions made for service of pleadings, witness statements, experts reports and medical reports.
Legal Topics
['amendment of Statement of Claim' 'joinder of Insurer' 'case Management' 'work Injury Damages' 'motor Accident Claim']
['practice and Procedure' 'motor Accidents Compensation' 'workers Compensation'] ['amendment of Statement of Claim' 'joinder of Insurer' 'case Management' 'work Injury Damages' 'motor Accident Claim']

Case Brief

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Procedural Posture

Common Law; Interlocutory Applications / Application to Amend Statement of Claim and Join Insurer as Defendant

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to file and serve a second amended statement of claim raising alternative averments under the Motor Accidents Compensation Act 1999 (NSW).' 'Whether QBE Insurance (Australia) Limited should be joined as a third defendant under section 79, Motor Accidents Compensation Act 1999 (NSW).' 'Whether the proposed amendment was so clearly untenable or futile that leave should be refused at a preliminary stage.' 'Whether case management considerations justified refusal of leave where the hearing date could be maintained.']

Ratio Decidendi

Leave to amend was granted because, although the proposed new averments appeared difficult and possibly untenable, the Court could not be satisfied at the preliminary stage that they were clearly untenable. Since the hearing fixed for 5 August 2013 could still proceed and QBE could be ready to participate, case management considerations did not justify refusal, and permitting the amendment would allow the real issues in dispute to be determined.

Court Disposition

Leave granted to amend the statement of claim; QBE Insurance (Australia) Limited joined as third defendant; directions made for service of pleadings, witness statements, experts reports and medical reports.

Orders

  • ['I grant leave to the plaintiff to file and serve a second amended statement of claim substantially in the form handed up today by Tuesday 9 July 2013.' 'Under section 79, Motor Accidents Compensation Act 1999 (NSW), QBE Insurance (Australia) Limited is joined as the third defendant, and that joinder should be...