QLDQCA
Thomas v State of Queensland [2001] QCA 336
[2001] QCA 336
Court of Appeal (Qld)|2001-08-24|Before: McMurdo P, Thomas JA and Holmes JJudgment of the Court.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-08-24
Before
McMurdo P, Thomas JA and Holmes JJudgment of the Court.
Catchwords
- PROCEDURE – PLEADINGS – STATEMENT OF CLAIM – AMENDMENT-
- whether leave to amend statement of claim outside limitation
- period ought to
- have been granted – where the injuries pleaded were the same but where
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – PLEADINGS – STATEMENT OF CLAIM – AMENDMENT-whether leave to amend statement of claim outside limitationperiod ought tohave been granted – where the injuries pleaded were the same but wheredifferent causes of injury were alleged- whether new causes of action alleged– whether they arose out of “substantially the same facts”– where,notwithstanding a broad brush comparison between the nature ofthe original claim and claim as amended, some parts of the proposedamendmentcould not satisfy the test.Uniform Civil Procedure Rules r 376, r376(4), r 376(4)(b)Allonnor Pty Ltd v Doran [1998] QCA 372,Appeal No 521 of 1998, 17 November 1998Brodie v Singleton ShireCouncil [2001] HCA 29(2001) 75 ALJR 992, consideredDraney v Barry [1999] QCA491, Appeal No 11361 of 1998, 30 November 1999Mackenzie v W Small PlantHire (a firm) & Ors [2001] QCA 277, Appeal No 8716 of 2000, 18 July2000Pianta v BHP Australia Coal Ltd [1995] QCA 53