Nalos Pty Ltd v Robert Bird Group Pty Ltd (QSC) - pleadings - contract - negligence - permission refused to add new causes of action under Trade Practices Act 1974 (Cth)
Summaries With Link (Five Minute Read)
Nalos Pty Ltd v Robert Bird Group Pty Ltd [2015] QSC 174 Supreme Court of Queensland Burns J Pleadings - plaintiffs claimed damages for breach of contract and negligence in connection with design and construction of commercial building - plaintiffs sought leave to add new causes of action under Trade Practices Act 1974 (Cth) against first and second defendants - whether appropriate to give leave to make proposed amendments - whether adequate explanation for delay - whether fair trial could be secured - held: Court not persuaded that fair trial could be secured if new causes of action added - Court satisfied there would be significant risk of injustice to first and second defendants if new causes of action allowed to proceed - no explanation for delay in seeking to prosecute claims - Court refused to exercise discretion under r376 Uniform Civil Procedure Rules 1999 to permit causes of action to be added - application dismissed. Nalos
