Blaskovic v ABB Engineering Construction

In the Federal Circuit Court of Australia, Blaskovic, the plaintiff, brought an application against ABB Engineering Construction, the first defendant, and sought to add a third party, AGL Energy, as a defendant and amend the statement of claim. The dispute involves claims related to a project for the construction of a gas plant, where the plaintiff alleges negligence and breaches of contract by the defendants. The primary issue before the court was whether the application to add a third defendant and amend the statement of claim should be granted, considering the delay in making the application and the lack of a satisfactory explanation for this delay.

The court examined the principles governing applications to add a third party and amend pleadings, particularly the importance of timeliness and the necessity of a reasonable explanation for any delay. The plaintiff argued that the addition of AGL Energy was crucial to the case as it would address the full scope of liability for the alleged negligence and contract breaches. The defendants opposed the application, citing the substantial delay and the absence of a compelling reason for this delay. The court had to weigh the merits of the application against the potential prejudice to the defendants and the importance of finality in litigation processes.

The court concluded that the delay in making the application was significant and the plaintiff had not provided a satisfactory explanation for this delay. The court noted that while the addition of AGL Energy might be relevant to the case, the lack of a reasonable explanation for the delay and the potential prejudice to the defendants outweighed the merits of the application. Consequently, the court dismissed the application to add a third defendant and amend the statement of claim. The plaintiff was ordered to pay the defendants' costs of the application, which were assessed on an indemnity basis.