Angelo De Jong v Workers Compensation Nominal Insurer & Anor [2018] NSWDC 176

Angelo De Jong v Workers Compensation Nominal Insurer & Anor [2018] NSWDC 176

Leave to join CPB was refused because the plaintiff knew, or ought to have known within a short time of the accident and certainly within three years, that his serious injury was caused by the fault of Leighton Contractors' employees. The proposed cause of action was discoverable for the purposes of s 50D of the Limitation Act 1969, any claim against CPB would not be maintainable under s 50C, and joinder would therefore be futile and contrary to the dictates of justice.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Civil Work Injury Damages Proceedings; Notice of Motion for Joinder and Amendment / Interlocutory Motion for Joinder of Proposed Second Defendant Out of Time
Outcome
Joinder of proposed second defendant refused; plaintiff's Notice of Motion dismissed.
Legal Topics
['joinder of Party' 'amendment of Pleadings' 'limitation Defence' 'discoverability of Cause of Action' 'work Injury Damages']
['civil Procedure' 'limitation of Actions' 'personal Injury' 'workers Compensation'] ['joinder of Party' 'amendment of Pleadings' 'limitation Defence' 'discoverability of Cause of Action' 'work Injury Damages']

Case Brief

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Procedural Posture

Civil Work Injury Damages Proceedings; Notice of Motion for Joinder and Amendment / Interlocutory Motion for Joinder of Proposed Second Defendant Out of Time

Legal Issues

  1. 1 ['Whether CPB Contractors Pty Limited should be joined as a second defendant pursuant to CPA ss 64 and 65 and UCPR rule 6.24.' 'Whether the proposed claim against CPB would be futile because it was statute barred under ss 50C and 50D of the Limitation Act 1969.' 'Whether the plaintiff knew or ought to have known that his injury was caused by the fault of Leighton Contractors within the limitation period.' 'Whether the dictates of justice and the overriding purpose under the Civil Procedure Act 2005 supported granting leave for joinder and amendment.']

Ratio Decidendi

Leave to join CPB was refused because the plaintiff knew, or ought to have known within a short time of the accident and certainly within three years, that his serious injury was caused by the fault of Leighton Contractors' employees. The proposed cause of action was discoverable for the purposes of s 50D of the Limitation Act 1969, any claim against CPB would not be maintainable under s 50C, and joinder would therefore be futile and contrary to the dictates of justice.

Court Disposition

Joinder of proposed second defendant refused; plaintiff's Notice of Motion dismissed.

Orders

  • ["The Plaintiff's Notice of Motion is dismissed." "The Plaintiff is to pay the proposed Second Defendant's costs of the Notice of Motion."]