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Application by rr 69 and 376(3) UCPR to add two plaintiffs to proceeding; no explanation at all for the delay between the period when the solicitors for the defendants invited the solicitors for the applicants to consider the question of the appropriate parties and the making of this application; ordered the parties to be added at the time amended statement of claim filed: Cullinane J.
Appeal Determined (QCA)
[2007] QCA 203
22 Jun 2007
Appeal dismissed with costs; no error in primary judge ordering that new plaintiffs joined to the proceeding action taken to have started when the amended statement of claim is filed, not when the original claim was filed; took no steps for three years to remedy the deficiency in the pleadings, and a limitation period applicable at the time the claim was filed had expired by the date of the application for leave to amend the pleading: Williams, Jerrard JJA and Fryberg J.
Appeal Status
Appeal Determined (QCA)
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