Wallis bnf v Lyco Industries [2002] NSWSC 1215

Wallis bnf v Lyco Industries [2002] NSWSC 1215

An action brought by a person under a legal disability within the suspended limitation period is maintainable, and an amendment to include a statute-barred beneficiary as a person for whose benefit the action is brought is permissible; such inclusion does not offend the provisions of the Limitation Act.

Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['negligence' 'compensation to Relatives' 'limitation Periods' 'amendment of Pleadings']
['tort Law' 'statutory Limitation'] ['negligence' 'compensation to Relatives' 'limitation Periods' 'amendment of Pleadings']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether inclusion of a statute-barred beneficiary in an amendment to the Statement of Claim is permissible under the Limitation Act' 'Whether the action brought on behalf of a person under disability suspends the limitation period for benefit claims' 'Whether the amendment sought would be futile due to limitation issues']

Ratio Decidendi

An action brought by a person under a legal disability within the suspended limitation period is maintainable, and an amendment to include a statute-barred beneficiary as a person for whose benefit the action is brought is permissible; such inclusion does not offend the provisions of the Limitation Act.

Court Disposition

appeal dismissed

Orders

  • ["The appeal from Assistant Registrar Howe's judgment of 16 April 2002 is dismissed and his orders are confirmed." "The appellant (defendant) is ordered to pay the respondent's (plaintiff's) costs of the appeal."]