TOPPIN v COLES MEYER LTD & McVEAN [2007] NSWDC 256

TOPPIN v COLES MEYER LTD & McVEAN [2007] NSWDC 256

The cause of action was not discoverable until late 2004 when the plaintiff realised the seriousness of his injury and received information about the potential liability of the proposed second defendant; accordingly, the proceedings were commenced within the statutory time limit.

Jurisdiction
Australia
Judgment Date
06 November 2007
Procedural Posture
Civil / Interlocutory Motion for Leave to Join a Party
Outcome
Application granted
Legal Topics
['statute of Limitations' 'joinder of Parties']
['limitation of Actions' 'civil Procedure'] ['statute of Limitations' 'joinder of Parties']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion for Leave to Join a Party

Legal Issues

  1. 1 ['Whether proceedings are statute barred under the Limitation Act 1969, Division 6' 'When the cause of action became discoverable under s 50D(1) Limitation Act 1969']

Ratio Decidendi

The cause of action was not discoverable until late 2004 when the plaintiff realised the seriousness of his injury and received information about the potential liability of the proposed second defendant; accordingly, the proceedings were commenced within the statutory time limit.

Court Disposition

Application granted

Orders

  • ["Leave granted to join Mr Gary McVean as a defendant in the proceedings by the filing of an amended statement of claim as per Mr Day's affidavit of 30 October 2007." 'Amended statement of claim to be filed and served by 4pm on 13 November 2007.' "Respondent to pay plaintiff's costs of the motion."]