Beswick v Glenwood Constructions Pty Ltd & Ors [2002] QSC 445

State Reporting Bureau U\& LAf'f jjtcco} QSC>44$" l Queensland Government > Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Repoi'tirq Bureau Date QJo/ (/ / 09 — Claim No 24 of 2002 BARRY THOMAS BESWICK Plaintiff and GLENWOOD CONSTRUCTIONS PTY LTD (ACN 062 405 216) First Defendant and RANKINE TIMBER & TRUSS (BN 6720821) Second Defendant and CAIRNS CARPENTRY & JOINERY SERVICES (BN 5546709) Third Defendant CAIRNS . .DATE 22/11/2002 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 1 1th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 22112002 T4/RGC M/T CNS1/2002 (Jones J) HIS HONOUR: This is an application for the substitution of the present first defendant, Glenwood Constructions Pty Ltd, with a new defendant Glenwood Homes Pty Ltd. The error in identifying the true name of the first defendant has been explained in affidavits of Miss Lewis read in support of this application. The present first defendant is a New South Wales company which has had no association whatsoever with the project where the plaintiff claims he was injured because of the negligence of the defendants including the company which has now been identified as Glenwood Homes Pty Ltd. The present first defendant and second defendant have consented to the substitution taking place. The third defendant has indicated to the solicitors for the applicant that it neither opposes nor consents to the change and did not wish to be heard on the issue. I am satisfied that the misnomer of the first defendant was an error which needs to be corrected. Importantly it needs to be corrected today because the limitation period will expire on the 24th of November 2002. I I am satisfied that Glenwood Homes Pty Ltd has been served with the application. There has been contact between the solicitors for Glenwood Homes Pty Ltd and the solicitors for the applicant but Glenwood's solicitors have not appeared 2 JUDGMENT -- 2 of 3 -- before me today because they had not yet received instructions 1 to do so from the insurer of Glenwood Homes Pty Ltd. I am satisfied by other material that Glenwood Homes Pty Ltd is a proper party. The urgency to which I have already 10 adverted makes it inappropriate to await the convenience of the insurer before dealing with this matter. Accordingly, I will make orders in terms of the draft initialled by me and placed with the papers. 22112002 T4/RGC M/T CNS1/2002 (Jones J) 30 40 50 3 JUDGMENT 60 -- 3 of 3 --