Mokrzecki v Popham & Ors [2013] QSC 123

Mokrzecki v Popham & Ors [2013] QSC 123

 

 

JUDGE: Philip McMurdo J
ORDER: 1.  Paragraphs 35, 36, 38(b), 39, 54, 55, 57(b) and 58 of the third further amended statement of claim filed on 5 November 2012 take effect on and from 22 May 2012.2.  The application is otherwise refused.
CATCHWORDS: PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER THE UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – DEFAULT OF PLEADINGS – where defendants bring application to strike-out paragraphs of plaintiff’s amended statement of claim because the limitation period has expired – where defendants bring alternative application to have those paragraphs take effect from certain date – where it is not clear whether limitation period has expired – whether application should be granted – whether the statement of claim discloses new causes of action – whether the new causes of action in the statement of claim arise out of the same or substantially the same facts as a cause of action already claimedLIMITATION OF ACTIONS – AMENDMENT OF ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD – GENERALLY – where plaintiff amended statement of claim – where defendant brings application to strike-out or have amendments take effect from certain date – where it is unclear whether limitation period has expired – where it is difficult for court to fairly determine whether limitation period has expired – whether application should be granted – whether the statement of claim discloses new causes of action – whether the new causes of action in the statement of claim arise out of the same or substantially the same facts as a cause of action already claimed

 

David Cormack – Brisbane Barrister.

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