Mam Mortgages Limited (in Liq) v Cameron Bros

Mam Mortgages Limited, in liquidation, has brought an action against Cameron Bros, a firm, and its principal, David Alan Stuart Cameron, alleging that it lost money based on valuations provided by the defendants. HIH Casualty and General Insurance Ltd, an insurer, has also been joined as a third party. The plaintiff is now seeking to join Melbourne Asset Management Nominees Pty Ltd, in liquidation, as a second plaintiff. The defendants and the third party oppose the joinder, arguing that it would deprive them of their right to rely on statutory time limitations. The plaintiff’s application to join the second plaintiff and for leave to amend the writ and statement of claim was heard on 26 March 1999. The court considered the application to join the second plaintiff and for leave to amend the writ and statement of claim on 4 June 1999. The court held that the joinder of the second plaintiff could only be allowed if there were special or peculiar circumstances. The court found that the circumstances in this case were special or peculiar, as the third party, who was initially defending the action on behalf of the defendants, did not challenge the plaintiff’s title to sue until after the limitation period had expired. The court held that it would be unfair to the plaintiff to deprive them of the opportunity to join the second plaintiff and that the joinder should take effect from the date of the writ.

The court ordered that Melbourne Asset Management Nominees Pty Ltd (In liquidation) be added as a party to the action and be designated the second plaintiff. The joinder of the second plaintiff should take effect from 23 February 1996. The plaintiffs were granted leave to file an amended writ of summons, deliver a further amended statement of claim, and deliver amended further and better particulars. The defendants and third party were granted leave to deliver further amended defences to the further amended statement of claim on or before 30 June 1999. The costs of and incidental to the application were to be costs in the cause.