Mir Bros Trading Co Pty Ltd v Cavasinni Constructions Pty Ltd [2015] NSWSC 421

Mir Bros Trading Co Pty Ltd v Cavasinni Constructions Pty Ltd [2015] NSWSC 421

Leave is granted to Mir Bros to file a further amended statement of claim against Cavasinni Constructions to add new causes of action arising from substantially the same facts, and to join Cavasinni Developments and Vittorio Cavasinni as defendants pursuant to the general discretion in Civil Procedure Act 2005 (NSW) s 64, as the dictates of justice require these amendments and limitation issues are not so clear as to bar the amendments at the interlocutory stage.

Jurisdiction
Australia
Judgment Date
16 April 2015
Procedural Posture
Procedural Ruling / Interlocutory Application for Leave to Amend Pleadings and Join Parties
Outcome
Interlocutory orders granting leave to amend and join parties; costs reserved.
Legal Topics
['amendment of Pleadings' 'joinder of Parties' 'limitation Periods' 'equitable Relief' 'continuing Torts']
['civil Procedure'] ['amendment of Pleadings' 'joinder of Parties' 'limitation Periods' 'equitable Relief' 'continuing Torts']

Case Brief

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Procedural Posture

Procedural Ruling / Interlocutory Application for Leave to Amend Pleadings and Join Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim to add new causes of action' 'Whether additional defendants may be joined after expiry of limitation period' 'Whether the new claims arise out of substantially the same facts as the original claims' 'Whether amendments are futile due to limitation defences']

Ratio Decidendi

Leave is granted to Mir Bros to file a further amended statement of claim against Cavasinni Constructions to add new causes of action arising from substantially the same facts, and to join Cavasinni Developments and Vittorio Cavasinni as defendants pursuant to the general discretion in Civil Procedure Act 2005 (NSW) s 64, as the dictates of justice require these amendments and limitation issues are not so clear as to bar the amendments at the interlocutory stage.

Court Disposition

Interlocutory orders granting leave to amend and join parties; costs reserved.

Orders

  • ['Mir Bros is granted leave to file a further amended statement of claim against Cavasinni Constructions pursuant to s 65(2)(c) of the Civil Procedure Act.' 'Mir Bros is granted leave to join Cavasinni Developments and Mr Vittorio Cavasinni as defendants pursuant to s 64 of the Civil Procedure Act.' 'The further...