Zonebar Pty Ltd v Global Management Corporation Pty Ltd & Anor

[2009] QCA 121

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Postponement of the bar
3. › Extension of period
4. › Amendment to include new cause of action after limitation period expired
5. › Whether new cause of action arises out of same or substantially same facts as existing cause of action
6. › Uniform Civil Procedure Rules 1999 (Qld), r 376(4)
1. Practice and Procedure
2. › Amendment of pleadings
3. › New cause of action
4. › Whether amendment raises new cause of action or further particularises existing cause of action
5. › Distinction between new factual allegations and further particulars
1. Practice and Procedure
2. › Extension of time to appeal
3. › Whether appeal has sufficient merit to warrant extension
4. › Refusal where appeal entirely without merit

Quick Take

Where a plaintiff seeks to amend to add a new cause of action after the limitation period has expired, the fact that the new claim arises under the same contract as the existing claims is insufficient to satisfy r 376(4)(b) UCPR. The 'substantially the same facts' requirement demands that the specific acts or omissions founding the new cause of action, and the resulting loss, were already pleaded or at least foreshadowed in the existing pleading.