Dows v New South Wales Land and Housing Corporation [2013] NSWDC 136

Dows v New South Wales Land and Housing Corporation [2013] NSWDC 136

Leave to amend the statement of claim to name Charlie Dows by his tutor Shane Bell was refused because the evidence did not persuade the Court that Mr Dows was under legal incapacity, and because Mr Bell had a potentially adverse interest in the proceedings as a significant potential witness with possible exposure to contribution, indemnity, or tort claims.

Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Civil Proceedings Concerning Alleged Slip and Fall Injuries / Application for Leave to File a Second Further Amended Statement of Claim, Including Amendment to Name the Plaintiff by His Tutor
Outcome
Plaintiff's further application to file a second further amended statement of claim refused; plaintiff ordered to bear the costs of the applications for leave.
Legal Topics
['amendment of Pleadings' 'appointment of Tutor' 'person Under Legal Incapacity' 'evidence of Disability' 'costs']
['civil Procedure'] ['amendment of Pleadings' 'appointment of Tutor' 'person Under Legal Incapacity' 'evidence of Disability' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings Concerning Alleged Slip and Fall Injuries / Application for Leave to File a Second Further Amended Statement of Claim, Including Amendment to Name the Plaintiff by His Tutor

Legal Issues

  1. 1 ['Whether there was sufficient evidence that Mr Dows was under legal incapacity by being incapable of managing his affairs.' 'Whether Shane Bell had an interest in the proceedings adverse to the interests of Mr Dows.' 'Whether leave should be granted to file a second further amended statement of claim naming Charlie Dows by his tutor Shane Bell.']

Ratio Decidendi

Leave to amend the statement of claim to name Charlie Dows by his tutor Shane Bell was refused because the evidence did not persuade the Court that Mr Dows was under legal incapacity, and because Mr Bell had a potentially adverse interest in the proceedings as a significant potential witness with possible exposure to contribution, indemnity, or tort claims.

Court Disposition

Plaintiff's further application to file a second further amended statement of claim refused; plaintiff ordered to bear the costs of the applications for leave.

Orders

  • ["Plaintiff's further application to file a second further amended statement of claim refused." 'If the plaintiff has any application to make in respect of a tutor, documents relevant to that application should be served by 4pm on 2 July 2013.' "By 4pm on 2 July 2013, defendants should notify the plaintiff whether...