Murdoch v Lake

[2014] QCA 216

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Amendment after limitation period
5. › Whether proposed amendment introduces new cause of action
6. › Whether new cause of action arises out of same or substantially same facts
7. › Uniform Civil Procedure Rules 1999 (Qld), r 376
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Cause of action
5. › What constitutes a new cause of action
6. › Distinction between new material facts and further particulars
7. › Whether change in factual basis of misleading conduct allegation introduces new cause of action
1. Trade Practices and Consumer Law
2. › Misleading or deceptive conduct
3. › Elements of cause of action under s 87 of Trade Practices Act 1974 (Cth)
4. › Non-disclosure as misleading conduct
5. › Causation and loss
6. › Trade Practices Act 1974 (Cth), ss 52, 82, 87
1. Practice and Procedure
2. › Dismissal for want of prosecution
3. › Whether power to dismiss enlivened
4. › Whether discretion properly exercised where refusal of amendment based on error

Quick Take

Where a proposed amendment to a misleading conduct claim introduces a new entity as an intermediary in arrangements already pleaded, but the essential nature of the misleading conduct alleged remains the same (non-disclosure of the same interests and arrangements), the amendment does not introduce a new cause of action for the purposes of r 376(4) UCPR (Qld). Even if a new cause of action is introduced, it may arise out of substantially the same facts where the same individuals are involved and the new entity's involvement occurred through the conduct of parties already named.