Bacon v Vicsail PTY LTD [2024] NSWSC 1155

Bacon v Vicsail PTY LTD [2024] NSWSC 1155

Leave is granted to join Farr Yacht Design Limited as a third defendant and to amend the statement of claim, as jurisdiction for service outside Australia exists and justice requires proper pleading of negligence and misleading conduct claims. The amendments are permitted provided they properly plead the relevant statutory causes of action, avoiding multiplicity of proceedings, and proceedings are transferred to the Admiralty List.

Jurisdiction
Australia
Judgment Date
12 September 2024
Procedural Posture
Negligence, Contract, Consumer Protection, Admiralty—application for Joinder and Amendment / Interlocutory Orders on Joinder, Amendment, Service, Amendment of Pleadings, Transfer
Outcome
Leave granted to join third defendant, amend statement of claim, serve third defendant out of jurisdiction, transfer to Admiralty List, costs to be costs in the cause.
Legal Topics
['joinder of Parties' 'leave to Amend Pleadings' 'service Out of Jurisdiction' 'duty of Care' 'misleading or Deceptive Conduct' 'proportionate Liability' 'vicarious Liability' 'agency' 'costs' 'transfer to Admiralty List']
['negligence' 'contract' 'admiralty' 'consumer Protection' 'civil Procedure'] ['joinder of Parties' 'leave to Amend Pleadings' 'service Out of Jurisdiction' 'duty of Care' 'misleading or Deceptive Conduct' 'proportionate Liability' 'vicarious Liability' 'agency' 'costs' 'transfer to Admiralty List']

Case Brief

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Procedural Posture

Negligence, Contract, Consumer Protection, Admiralty—application for Joinder and Amendment / Interlocutory Orders on Joinder, Amendment, Service, Amendment of Pleadings, Transfer

Legal Issues

  1. 1 ['Whether leave should be granted to join Farr Yacht Design Limited as a third defendant' 'Whether leave should be granted to file an amended statement of claim' 'Whether service out of jurisdiction on Farr Yacht Design Limited is permitted' 'Whether amendments are properly pleaded in contract, negligence, and misleading or deceptive conduct under s 18 ACL' 'Whether duty of care, breach, causation are adequately pleaded under Civil Liability Act 2002 (NSW)' 'Whether proceedings should be transferred to Admiralty List']

Ratio Decidendi

Leave is granted to join Farr Yacht Design Limited as a third defendant and to amend the statement of claim, as jurisdiction for service outside Australia exists and justice requires proper pleading of negligence and misleading conduct claims. The amendments are permitted provided they properly plead the relevant statutory causes of action, avoiding multiplicity of proceedings, and proceedings are transferred to the Admiralty List.

Court Disposition

Leave granted to join third defendant, amend statement of claim, serve third defendant out of jurisdiction, transfer to Admiralty List, costs to be costs in the cause.

Orders

  • ['The plaintiff file his amended statement of claim and serve the same on the first and second defendants by 26 September 2024.' 'The first and second defendants file and serve their amended defences to the Amended Statement of Claim by 10 October 2024.' 'The proceedings be listed for further directions before the...