SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Jausnik v Nominal Defendant (No 4) |
Citation: | [2015] ACTSC 251 |
Hearing Date: | 21 August 2015 |
DecisionDate: | 25 August 2015 |
Before: | Mossop AsJ |
Decision: | The application is dismissed with costs. |
Category: | Interlocutory Application |
Catchwords: | PROCEDURE – Application for leave to amend defence by first third party – amendment sought to introduce statutory provision as complete defence to claim – amendment sought after completion of evidence – sole reason for delay failure to consider statutory provision before bringing present application – amendment introduces questions of law and questions of fact – amendment affects claim against second third party now subject to limitation period – application dismissed |
Legislation Cited: | Civil Law (Wrongs) Act 2002 (ACT) s 21 Limitation Act 1985 (ACT) s 21 Corporations Act 2001 (Cth) s 911A Police Act 1990 (NSW) s 213 Workers Compensation Act 1987 (NSW) s 151F Corporations Regulations 2001 (Cth) reg 7.1.29 |
Cases Cited: | Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v Park Trent Properties Group Pty Ltd (No 2) (2015) 106 ACSR 469 Jausnik v Nominal Defendant [2014] ACTSC 406 John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 |
Parties: | Nominal Defendant (Defendant) Michael Hannaford (First Third Party) State of New South Wales (Second Third Party) |
Representation: | Counsel Mr PJ Deakin QC (Defendant) Mr GM Watson SC (First Third Party) Ms L Sherman (Second Third Party) |
| Solicitors Minter Ellison (Defendant) Moray & Agnew (First Third Party) HWL Ebsworth (Second Third Party) | |
File Number: | SC 291 of 2012 |
Application
These proceedings involve a claim for contribution by the nominal defendant against an individual police officer and the State of New South Wales. The nominal defendant has settled with the plaintiff, a police officer, and now seeks to recover contribution from other parties said to be concurrent wrongdoers. The nature of this case is explained in more detail in an earlier interlocutory decision Jausnik v Nominal Defendant [2014] ACTSC 406 at [4]-[8] as follows:
[4]The proceedings arise out of a motor vehicle accident which occurred on 20 March 2010. The plaintiff and the first third-party were in a police vehicle pursuing a driver of an unregistered motor…
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- AGLC
- Jausnik v Nominal Defendant (No 4) [2015] ACTSC 251
- Case
- [2015] ACTSC 251
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the amendment was permissible under the relevant rules of procedure and whether the delay in bringing the application would prejudice the other parties. The court had to consider whether the proposed amendment would introduce new issues that had not been addressed during the course of the trial and whether the amendment would prejudice the other parties, particularly given the delay in bringing the application.
The court held that the amendment was not permissible as it introduced new questions of law and fact and would prejudice the other parties. The court noted that the failure to consider the statutory provision before bringing the application was the sole reason for the delay, and this delay would prejudice the other parties. The court also noted that the amendment would affect the claim against the second third party, which was now subject to a limitation period. Accordingly, the application was dismissed with costs.
Orders
Orders of the court
The application is dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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