Benajmin Dunn v Triple 'M' Fire Pty Limited [2014] NSWSC 1849

Benajmin Dunn v Triple 'M' Fire Pty Limited [2014] NSWSC 1849

The application to vacate the hearing date and permit amendment of the statement of claim to add a second defendant is granted, principally on the basis that it is preferable for all issues to be litigated in one hearing and that the duplication of proceedings should be avoided, provided the plaintiff pays the costs...

Source-derived case information.

Parties
Plaintiff: Benajmin Dunn; Defendant: Triple 'M' Fire Pty Limited
Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Civil Law / Interlocutory Application—vacation of Trial Date and Amendment of Statement of Claim
Outcome
Application granted, subject to costs penalties.
Legal Topics
Vacation of Trial Date, Amendment of Statement of Claim, Joinder of Parties, Limitation Periods, Costs
Civil Procedure Vacation of Trial Date Amendment of Statement of Claim Joinder of Parties Limitation Periods Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Benajmin Dunn

Plaintiff

Triple 'M' Fire Pty Limited

Defendant

Procedural Posture

Civil Law / Interlocutory Application—vacation of Trial Date and Amendment of Statement of Claim

Legal Issues

  1. 1 Whether the trial date should be vacated to allow the plaintiff to amend the statement of claim to add a second defendant and/or insurer.
  2. 2 Whether the plaintiff should be permitted to join a second defendant at a late stage.
  3. 3 Whether a costs penalty should attach to granting the adjournment.

Ratio Decidendi

The application to vacate the hearing date and permit amendment of the statement of claim to add a second defendant is granted, principally on the basis that it is preferable for all issues to be litigated in one hearing and that the duplication of proceedings should be avoided, provided the plaintiff pays the costs thrown away and of the application.

Court Disposition

Application granted, subject to costs penalties.

Orders

  • The trial date of 9 February 2015 is vacated subject to the plaintiff complying with nominating the proposed insurer or second defendant.
  • The plaintiff has leave to file an amended statement of claim on or before 9 January 2015 nominating the proposed insurer or second defendant.