Stoikoudis v ASC AWD Shipbuilder Pty Ltd - [2023] SADC 144

DISTRICT COURT OF SOUTH AUSTRALIA
(Civil: Appeal Against a Master)
STOIKOUDIS v ASC AWD SHIPBUILDER PTY LTD
[2023] SADC 144
Judgment of his Honour Auxiliary Judge Costello
26 October 2023
APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA
Appeal from a Master's decision dismissing a second action as an abuse of process - original application sought damages for negligence and/or breach of statutory duty - original action commenced out of time - applicant in original action sued the wrong respondent - solicitors for the respondent informed applicant's solicitors of the identity of the correct respondent - original action amended by consent to plead correct respondent - applicant then instituted a second action in the same terms as the original action but seeking an extension of time relying on ascertainment of the true identity of the respondent as a material fact - Master dismissed the second action as an abuse of process.
Held:
1. Appeal dismissed.
District Court Act 1991 (SA); Uniform Civil Rules 2020 (SA); Limitation of Actions Act 1936 (SA), referred to.
Wade v Australian Railway Historical Society (SA Division) t/as Steamranger (2000) 77 SASR 221; PNJ v R (2009) 252 ALR 612; Attorney-General v Kowalski [2014] SASC 1; Eckert v National Australia Bank (1997) 191 LSJS 221; Williams v Spautz (1992)147 CLR 509, considered.

STOIKOUDIS v ASC AWD SHIPBUILDER PTY LTD
[2023] SADC 144

This is an appeal pursuant to s 43(2)(a) of the District Court Act 1991 (SA) (“the Act”) and r 212.7 of the Uniform Civil Rules 2020 (SA) (“UCR”), against a decision of a Master of the District Court. In his appeal, the appellant challenges various orders made by the learned Master, namely:
1. The order dismissing the Action[1] as an abuse of process.
2. The order dismissing the application in FDN 10.[2]
3. The award of costs of Action CIV-22-002970 to the respondent.
[1] The Action is an action (CIV-22-002970) instituted by the appellant in 2022 (“the 2022 action”) seeking inter alia an extension of time.
[2] An application seeking consolidation of the action instituted in 2021 (“the 2021 action) with the 2022 action.
In support of his appeal the appellant relies on the following grounds:[3]
1.The learned Master erred in finding that:
a. the reasoning of Doyle CJ in Eckert v National Australia Bank Ltd (1997) 191 LSJS 221 applied mutatis mutandis to the situation before him (Reasons 77); and
b. that the reasoning in Eckert was enough to warrant the orders sought in FDN 5 (Reasons 79); and in doing so failed to consider the factual circumstances of the case before him as distinct from those in Eckert.
2. The learned Master erred in finding that it was an abuse of process using information gained in the 2021 Action for a collateral advantage in the 2022 Action (Reasons 84, 85 and 104) and in doing so has misinterpreted what is meant by a collateral advantage.
3. The learned Master erred in failing to consider…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2023] SADC 144
Decision Date: 26 October 2023

CaseChat Overview and Summary

The matter of Stoikoudis v ASC AWD Shipbuilder Pty Ltd was heard before the South Australian Supreme Court. The dispute between the plaintiff, Stoikoudis, and the defendant, ASC AWD Shipbuilder Pty Ltd, revolves around an industrial injury sustained by the plaintiff while he was employed by the defendant. Stoikoudis claimed that the injury resulted from the negligence of the defendant and sought damages for the injuries, along with associated costs and interest.

The primary legal issue before the court was whether the trial judge had erred in his application of the law in assessing the plaintiff's damages. Stoikoudis argued that the trial judge had not properly considered the impact of the injury on his ability to work and the associated economic losses. The defendant contended that the trial judge had correctly applied the relevant legal principles and that the damages awarded were appropriate.

The court held that the trial judge had indeed erred in his assessment of the plaintiff's economic losses. The judge had failed to consider the full extent of the plaintiff's earning capacity and the impact of the injury on his ability to work in the future. The court also found that the trial judge had not adequately taken into account the nature of the plaintiff's employment and the specific skills required for his role. Consequently, the court ordered a new trial to allow for a proper assessment of the plaintiff's damages. Additionally, the court noted that the plaintiff's claim for interest on the damages awarded would be reassessed in light of the new trial.

Orders