The Court held that a plaintiff's claim against his employer for negligence and breach of contract constituted a 'new cause of action' under UCPR r 376(4) that did not arise out of substantially the same facts as the existing occupier's liability claim against the property owners, because the claims involved different duties, different alleged breaches, and different matters of proof notwithstanding the same accident and injuries. Leave to amend under s 16 of the Civil Proceedings Act 2011 (Qld) was also refused because the plaintiff failed to demonstrate adequate grounds for evading the statutory limitation period, where the evidence showed the omission of the employer claim was a deliberate forensic decision rather than an oversight. The claim was renewed under r 24(2) as against the existing defendants.
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