Allen v Lloyd-Jones (No. 4) [2010] NSWDC 93

Allen v Lloyd-Jones (No. 4) [2010] NSWDC 93

The plaintiff's application to join Elm Grove Sanctuary Limited as second defendant was dismissed because no relevant mistake in name or identity required by ss 64 or 65 Civil Procedure Act 2005 (NSW) was established; the inability to enforce judgment (doubt about assets) is not such a mistake. Even if there were such a ground, discretion would be exercised against amendment due to factors including plaintiff's knowledge during the limitation period and prejudice to the new defendant.

Parties
Plaintiff: Anthony James Allen; Defendant: Laurel Lloyd-Jones; Proposed Second Defendant: Elm Grove Sanctuary Limited
Jurisdiction
Australia
Judgment Date
27 May 2010
Procedural Posture
Civil / Interlocutory Application for Joinder of Proposed Second Defendant After Expiry of Limitation Period
Outcome
Application dismissed
Legal Topics
Joinder of Parties, Limitation Periods, Amendment of Pleadings, Defamation
Practice and Procedure Joinder of Parties Limitation Periods Amendment of Pleadings Defamation

Case Brief

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Parties

Anthony James Allen

Plaintiff

Laurel Lloyd-Jones

Defendant

Elm Grove Sanctuary Limited

Proposed Second Defendant

Procedural Posture

Civil / Interlocutory Application for Joinder of Proposed Second Defendant After Expiry of Limitation Period

Legal Issues

  1. 1 Whether plaintiff can join Elm Grove Sanctuary Limited as trustee of the Elm Grove Sanctuary Trust as second defendant after expiration of limitation period
  2. 2 Whether any relevant mistake justifies amendment under ss 64 or 65 of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The plaintiff's application to join Elm Grove Sanctuary Limited as second defendant was dismissed because no relevant mistake in name or identity required by ss 64 or 65 Civil Procedure Act 2005 (NSW) was established; the inability to enforce judgment (doubt about assets) is not such a mistake. Even if there were such a ground, discretion would be exercised against amendment due to factors including plaintiff's knowledge during the limitation period and prejudice to the new defendant.

Court Disposition

Application dismissed

Orders

  • Plaintiff's application to join Elm Grove Sanctuary Limited as trustee of the Elm Grove Sanctuary Trust dismissed.
  • Plaintiff to pay the costs of the defendant and Elm Grove Sanctuary Limited of this application.