Glover v Australian Ultra Concrete Floors Pty Ltd [2006] NSWSC 503

Glover v Australian Ultra Concrete Floors Pty Ltd [2006] NSWSC 503

The plaintiff failed to establish any basis for removing the defendant's fraud pleading, requiring verification or witness statements, ordering the retrial to proceed by affidavit, granting leave to prosecute witnesses for perjury, or joining PW Saddington & Sons Pty Ltd. The fraud pleading was a proper response to the Court of Appeal's decision and was supported by evidence given at the first trial; the plaintiff had access to the substance of that evidence; the perjury allegations lacked the evidentiary foundation required for leave; and the executed Deed of Licence and the defendant's concession that it was the plaintiff's employer, together with Allianz's indemnity undertaking,...

Jurisdiction
Australia
Judgment Date
29 May 2006
Procedural Posture
Claim for Damages for Personal Injury; Notices of Motion / Determination of Plaintiff's Notices of Motion After Appeal Allowed and New Trial Ordered
Outcome
Both plaintiff's notices of motion dismissed; plaintiff ordered to pay defendant's costs of the proceedings.
Legal Topics
['pleading Fraud' 'verification of Pleadings' "review of Registrar's Decision" 'affidavit Evidence and Witness Statements' 'leave to Prosecute for Perjury' 'joinder and Extension of Time' 'employer Identification' 'workers Compensation Insurer Indemnity']
['civil Procedure' 'personal Injury' 'evidence' 'criminal Law'] ['pleading Fraud' 'verification of Pleadings' "review of Registrar's Decision" 'affidavit Evidence and Witness Statements' 'leave to Prosecute for Perjury' 'joinder and Extension of Time' 'employer Identification' 'workers Compensation Insurer Indemnity']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claim for Damages for Personal Injury; Notices of Motion / Determination of Plaintiff's Notices of Motion After Appeal Allowed and New Trial Ordered

Legal Issues

  1. 1 ['Whether the defendant should be required to remove its further amended defence or paragraph 5 pleading fraud.' 'Whether the defendant should be required to further verify the pleading of fraud or provide detailed witness statements.' "Whether the registrar's refusal to order that the matter proceed by affidavit evidence should be reviewed and varied." 'Whether the plaintiff should be granted leave, or other orders should be made, in relation to alleged perjury and fraud by defendant witnesses at the first trial.' 'Whether the plaintiff should obtain an extension of time to amend his statement of claim and join PW Saddington & Sons Pty Ltd as a second defendant.']

Ratio Decidendi

The plaintiff failed to establish any basis for removing the defendant's fraud pleading, requiring verification or witness statements, ordering the retrial to proceed by affidavit, granting leave to prosecute witnesses for perjury, or joining PW Saddington & Sons Pty Ltd. The fraud pleading was a proper response to the Court of Appeal's decision and was supported by evidence given at the first trial; the plaintiff had access to the substance of that evidence; the perjury allegations lacked the evidentiary foundation required for leave; and the executed Deed of Licence and the defendant's concession that it was the plaintiff's employer, together with Allianz's indemnity undertaking,...

Court Disposition

Both plaintiff's notices of motion dismissed; plaintiff ordered to pay defendant's costs of the proceedings.

Orders

  • ['The notice of motion dated 13 July 2005 is dismissed.' 'The notice of motion dated 20 July 2005 is dismissed.' "The plaintiff is to pay the defendant's costs of these proceedings."]