JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS
LOCATION: PERTH
CITATION: PRAETZ -v- SODEXO AUSTRALIA PTY LTD [2023] WADC 48
CORAM: PRINCIPAL REGISTRAR MCGIVERN
HEARD: 15 FEBRUARY 2023
DELIVERED : 27 APRIL 2023
FILE NO/S: CIV 3467 of 2019
BETWEEN: JOSHUA JOHN PRAETZ
Plaintiff
AND
SODEXO AUSTRALIA PTY LTD
First Defendant
RIO TINTO LTD
Second Defendant
Catchwords:
Practice and procedure - Substitution of a party - Whether Rules of the Supreme Court 1971 (WA) O 21 r 5 is engaged - Whether mistake in naming the party - Whether just to allow amendment
Legislation:
Limitation Act 2005 (WA), s 14
Rules of the Supreme Court 1971 (WA), O 1 r 4A, O 1 r 4B, O 18 r 6, O 18 r 8, O 21 r 5
Result:
Application allowed
Representation:
Counsel:
| Plaintiff | : | Mr N F Morrissey |
| First Defendant | : | Ms C Horwood |
| Second Defendant | : | No appearance |
Solicitors:
| Plaintiff | : | DWL Legal |
| First Defendant | : | HWL Ebsworth (Perth) |
| Second Defendant | : | Not applicable |
Case(s) referred to in decision(s):
Alinta 2000 Ltd v Petko [2012] WASCA 258
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175
Belgravia Nominees Pty Ltd v Lowe Pty Ltd [2017] WASCA 127
Bridge Shipping Pty Ltd v Grand Shipping SA [1991] HCA 45; (1991) 173
Brown v Jammal [1995] NSWCA 62
Collgar Wind Farm Pty Ltd v RJE Global Pty Ltd [2021] WASC 367
Collgar Wind Farm Pty Ltd v RJE Global Pty Ltd [2022] WASCA 139
Evans Constructions Co Ltd v Charrington & Co Ltd [1983] 1 QB 810
Lloyd Steel Co (Aust) Pty Ltd v Jade Shipping SA (1985) 1 NSWLR 212 218
Lois Nominees Pty Ltd v Hill [2011] WASC 53
O'Rourke v Bonney Downs Pastoral Company Pty Ltd [2016] WADC 104
Silverstone Holdings Pty Ltd as Trustee for the Devereaux Property Trust v American Home Assurance Co (1997) 18 WAR 516
PRINCIPAL REGISTRAR MCGIVERN:
Introduction
This is the plaintiff's amended application for orders, pursuant to O 21 r 5 alternatively O 18 r 6 of the Rules of the Supreme Court 1971 (WA) (RSC), amending his writ and statement of claim such as to substitute the named first defendant.[1]
[1] For ease of reference, in these reasons I will refer to the applicant as the plaintiff and the respondent as the first defendant, being their respective positions in the substantive action. In these reasons, except as otherwise provided, all references to rules are references to the RSC.
The action was commenced against the first and second defendants by a writ of summons issued on 10 September 2019. The plaintiff's statement of claim was filed separately the same day. The plaintiff's claim is that he sustained injuries on a mine site in Newman (Mine) when, on 4 September 2017 (Material Date), a bench seat (in the Mine's wet mess area) on which he was…
Keep reading for free
Create a free CaseChat account to read Praetz v Sodexo Australia Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] WADC 48
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.