A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Tuesday, 10 February 2015
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Executive Summary (One Minute Read)
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| Tim
Gordon Property Group Pty Ltd v Helensvale Property Development Pty Ltd (QSC)
- pleadings - application to amend statement of claim to correctly name
plaintiff refused
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| Summaries With Link (Five Minute Read) |
Tim
Gordon Property Group Pty Ltd v Helensvale Property Development Pty Ltd [2015] QSC 19
Supreme Court of Queensland
Douglas J
Pleadings - plaintiff sought to file and
serve amended statement of claim - plaintiff sought to correctly name plaintiff
pursuant to r377 Uniform Civil Procedure
Rules 1999 (Qld) - rr69& 70 - held: application not simply question of
misnomer of plaintiff - plaintiff literally did not exist - effect of
application was to include it as party pursuant to r69 - where there was
application to include a new party, no reason to exclude requirement to support
such application by an affidavit pursuant to r70 - no affidavit provided -
application refused.
Tim Gordon Property Group Pty Ltd
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