Greenwood v Papademetri

[2007] NSWCA 221

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Amendment of originating process after expiry of limitation period
4. › Correction of mistake in name of party
5. › Whether plaintiff mistakenly believed person answering particular description bore certain name
6. › Whether multiple parties may replace single party
7. › Civil Procedure Act 2005 (NSW), s 65(2)(b)
1. Limitation of Actions
2. › Personal injury actions
3. › Three-year post discoverability limitation period
4. › Interaction of Limitation Act 1969 (NSW) and Civil Procedure Act 2005 (NSW), s 65(2)(b)
5. › Whether s 65 permits extension of limitation period not otherwise extendable under Limitation Act
6. › Limitation Act 1969 (NSW), ss 18A, 50A-50F
1. Torts
2. › Nuisance
3. › Public nuisance
4. › Liability of owner and occupier of land
5. › Where builder carried out work on private land creating public nuisance
6. › Whether occupier liable for failing to take reasonable steps to prevent nuisance

Quick Take

Section 65(2)(b) of the Civil Procedure Act 2005 (NSW) is a purposive power that permits the correction of a mistake in the name of a party where the plaintiff intended to sue a person answering a particular description but was mistaken as to the name of the person answering that description. The power extends to substituting multiple parties for a single party. The principle in Hayward v Darling Downs Aircraft Services Pty Ltd that the analogous Queensland provision does not authorise the joinder of a party additional to that whose name is sought to be corrected was doubted by the majority.