Trupkovic v Finsbury (Instruments) Limited [2020] NSWSC 236

Trupkovic v Finsbury (Instruments) Limited [2020] NSWSC 236

It is appropriate to grant leave to amend the statement of claim to add the proposed fourth defendant as the circumstances and evidence suggest possible liability of the treating surgeon; the defendants do not oppose the application.

Parties
Plaintiff: Mary Ann Trupkovic; First Defendant: Finsbury (Instruments) Limited; Second Defendant: Finsbury Orthopaedics International Limited; Third Defendant: Catholic Healthcare Limited
Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Civil / Interlocutory (motion to Amend Statement of Claim/add Defendant)
Outcome
Leave granted to add the fourth defendant. Plaintiff to pay costs of first, second, and third defendants thrown away by reason of the amendment.
Legal Topics
Amendment of Originating Process, Addition of Defendant
Civil Procedure Amendment of Originating Process Addition of Defendant

Case Brief

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Parties

Mary Ann Trupkovic

Plaintiff

Finsbury (Instruments) Limited

First Defendant

Finsbury Orthopaedics International Limited

Second Defendant

Catholic Healthcare Limited

Third Defendant

Procedural Posture

Civil / Interlocutory (motion to Amend Statement of Claim/add Defendant)

Legal Issues

  1. 1 Whether leave should be granted to amend the statement of claim to add a fourth defendant
  2. 2 Whether costs should be paid to existing defendants as a result of the amendment

Ratio Decidendi

It is appropriate to grant leave to amend the statement of claim to add the proposed fourth defendant as the circumstances and evidence suggest possible liability of the treating surgeon; the defendants do not oppose the application.

Court Disposition

Leave granted to add the fourth defendant. Plaintiff to pay costs of first, second, and third defendants thrown away by reason of the amendment.

Orders

  • Leave is granted to add the fourth defendant in accordance with the proposed further amended statement of claim annexed to the affidavit of Sonya Teerman dated 12 February 2020 or in some similar form.
  • The plaintiff is to pay the costs of the first, second and third defendants thrown away by reason of the amendment.