Zarko Vranjkovic v Sydney Timber Floor Specialists P/L [2022] NSWSC 1565

Zarko Vranjkovic v Sydney Timber Floor Specialists P/L [2022] NSWSC 1565

Leave to join Agia Projects Pty Ltd was granted because, from the plaintiff's perspective, the explanation that his solicitor was unaware until recently of facts in the broker's email was full and not unsatisfactory, there was no demonstrated prejudice to the proposed fourth defendant, the existing hearing date pressure would not be materially increased by joinder, and the order could be made without prejudice to any limitation defence.

Jurisdiction
Australia
Judgment Date
01 November 2022
Procedural Posture
Civil Procedure; Personal Injury Proceedings; Joinder of Defendant / Plaintiff's Notice of Motion Filed on 20 October 2022 Seeking Leave to Join the Cross Defendant as a Fourth Defendant and File and Serve a Second Further Amended Statement of Claim
Outcome
Leave granted to join Agia Projects Pty Ltd as fourth defendant; no order as to costs.
Legal Topics
['joinder of Defendant' 'late Amendment' 'explanation for Delay' 'prejudice' 'limitation Defence']
['civil Procedure' 'personal Injury' 'limitation of Actions'] ['joinder of Defendant' 'late Amendment' 'explanation for Delay' 'prejudice' 'limitation Defence']

Case Brief

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Procedural Posture

Civil Procedure; Personal Injury Proceedings; Joinder of Defendant / Plaintiff's Notice of Motion Filed on 20 October 2022 Seeking Leave to Join the Cross Defendant as a Fourth Defendant and File and Serve a Second Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to join Agia Projects Pty Ltd as a fourth defendant shortly before the listed hearing date.' 'Whether the plaintiff provided a full and satisfactory explanation for the delay in seeking joinder.' 'Whether joinder would prejudice the proposed fourth defendant or materially affect the hearing date.' 'Whether potential limitation issues should prevent joinder at this procedural stage.']

Ratio Decidendi

Leave to join Agia Projects Pty Ltd was granted because, from the plaintiff's perspective, the explanation that his solicitor was unaware until recently of facts in the broker's email was full and not unsatisfactory, there was no demonstrated prejudice to the proposed fourth defendant, the existing hearing date pressure would not be materially increased by joinder, and the order could be made without prejudice to any limitation defence.

Court Disposition

Leave granted to join Agia Projects Pty Ltd as fourth defendant; no order as to costs.

Orders

  • ["I grant leave to the plaintiff to join as a fourth defendant, Agia Project Pty Ltd and to file and serve the second further amended statement of claim as attached to Mr Carter's affidavit within seven days." 'No order as to costs to the intent that each party appearing today bear its own of this application.']