Where an indorsement of claim is defective but not a nullity, and the original indorsement identifies the nature of the actions, the wrongful conduct, the time period, the subject matter and the relief sought, proposed amendments that clarify, expand and particularise the pleaded claims do not add a new cause of action for the purposes of O 21 r 5(5) of the Supreme Court Rules. The question whether the 2001 amendment to s 82 of the Trade Practices Act (extending the limitation period from three to six years) operates retrospectively was left open.
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6 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.