Disability Services Australia Limited v Gollop & SafeAs Australian Pty Limited [2015] NSWSC 147

Disability Services Australia Limited v Gollop & SafeAs Australian Pty Limited [2015] NSWSC 147

There was no error of law or wrongly exercised discretion in the Magistrate’s finding that the mistake was of a type permitted to be corrected under s.65(2)(b), and in permitting the amendment. Leave to appeal is refused as the grounds raised do not justify interference.

Parties
Plaintiff: Disability Services Australia Limited; First Defendant: Michael Gollop; Second Defendant: SafeAs Australian Pty Limited
Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Appeal / Application for Leave to Appeal (interlocutory)
Outcome
leave to appeal refused; summons dismissed; costs to defendant
Legal Topics
Appeal From Local Court Decision, Amendment of Originating Summons, Correction of Party Name, Leave to Appeal, Statutory Limitation Period, Costs
Civil Procedure Appeal From Local Court Decision Amendment of Originating Summons Correction of Party Name Leave to Appeal Statutory Limitation Period Costs

Case Brief

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Parties

Disability Services Australia Limited

Plaintiff

Michael Gollop

First Defendant

SafeAs Australian Pty Limited

Second Defendant

Procedural Posture

Appeal / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether the Local Court Magistrate erred in granting leave to amend the statement of claim to substitute SafeAs Australian Pty Limited for Michael Gollop as plaintiff under s.65(2)(b) Civil Procedure Act 2005
  2. 2 Whether the mistake in nominating the plaintiff was amenable to correction under s.65(2)(b) Civil Procedure Act 2005
  3. 3 Whether the discretion to grant leave to amend was wrongly exercised

Ratio Decidendi

There was no error of law or wrongly exercised discretion in the Magistrate’s finding that the mistake was of a type permitted to be corrected under s.65(2)(b), and in permitting the amendment. Leave to appeal is refused as the grounds raised do not justify interference.

Court Disposition

leave to appeal refused; summons dismissed; costs to defendant

Orders

  • Michael Gollop is to be removed as defendant to the Summons.
  • The Summons is dismissed.