Green v Australian Rugby Football League Ltd & Ors [2003] NSWSC 749

Green v Australian Rugby Football League Ltd & Ors [2003] NSWSC 749

The plaintiff has not demonstrated a real case to advance against the proposed seventh defendant (NSWRL), nor evidence connecting NSWRL to legal liability for his injuries, thus it is not just and reasonable to extend the limitation period or to join NSWRL as a defendant.

Parties
Plaintiff: Shane Anthony Green; First Defendant: Australian Rugby League Football Limited; Second Defendant: Country Rugby League Football of New South Wales Inc; Third Defendant: Laurieton United Rugby League Football Club Inc; Fourth Defendant: Steven Slater; Fifth Defendant: Michael McKenzie; Sixth Defendant: Greater Taree City Council; Proposed Seventh Defendant: New South Wales Rugby League Limited
Jurisdiction
Australia
Judgment Date
14 August 2003
Procedural Posture
Notice of Motion in Ongoing Negligence Action / Interlocutory Application for Extension of Limitation Period and Joinder of Party
Outcome
Plaintiff's application refused; costs ordered against plaintiff
Legal Topics
Extension of Limitation Period, Joinder of Parties, Negligence – Sporting Injuries, Civil Procedure – Interlocutory Applications
Torts Civil Procedure Extension of Limitation Period Joinder of Parties Negligence – Sporting Injuries Civil Procedure – Interlocutory Applications

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Parties

Shane Anthony Green

Plaintiff

Australian Rugby League Football Limited

First Defendant

Country Rugby League Football of New South Wales Inc

Second Defendant

Laurieton United Rugby League Football Club Inc

Third Defendant

Steven Slater

Fourth Defendant

Michael McKenzie

Fifth Defendant

Greater Taree City Council

Sixth Defendant

New South Wales Rugby League Limited

Proposed Seventh Defendant

Procedural Posture

Notice of Motion in Ongoing Negligence Action / Interlocutory Application for Extension of Limitation Period and Joinder of Party

Legal Issues

  1. 1 Should the limitation period against the proposed seventh defendant be extended under s 60C of the Limitation Act 1969 (NSW)?
  2. 2 Should the New South Wales Rugby League Limited be joined as a defendant?
  3. 3 Is the plaintiff's case against NSWRL reasonably arguable or futile?

Ratio Decidendi

The plaintiff has not demonstrated a real case to advance against the proposed seventh defendant (NSWRL), nor evidence connecting NSWRL to legal liability for his injuries, thus it is not just and reasonable to extend the limitation period or to join NSWRL as a defendant.

Court Disposition

Plaintiff's application refused; costs ordered against plaintiff

Orders

  • Leave to join the proposed seventh defendant NSWRL as a defendant is refused.
  • Leave to extend the limitation period against the proposed seventh defendant in relation to the cause of action and injury suffered by the plaintiff on 7 May 1994 is refused.