Aurish v Wanless [2000] QSC 348

State3qq;2_q Reporting ~1 bYo_'._j Bureau S(CC>/34-8 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 Application No 40 of 1998 SHANE MATTHEW AURISH and RONALD E WANLESS CAIRNS .. DATE 24/07/2000 JUDGMENT -lilt 1·1,,11r, The Law Courts, (;eorge Stred, Brishane, Q ..t()t)() ; Jureau Date ;J.S;7 ; .:l-o::>o Plaintiff Defendant Tdt!phonl': (07) J247 4J60 Fax: (07) J.?.47 5.5JZ -- 1 of 2 -- 24072000 D. T4/MFK M/T CNS444/99 (Jones J) HIS HONOUR: This is an application pursuant to Rules 375 and 376 of the Uniform Civil Procedure Rules for leave by the plaintiff to amend the statement of claim in three respects. To amend the date of the plaintiff's injury from 1 July 1995 to 28 July 1995 and to incorporate in the pleading further particulars which were supplied pursuant to the defendant's IO request on 27 August 1998 and_ further to add a cause of action, namely breach of contract of employment. The defendant has advised through his solicitors by letter (Exhibit 1) that he neither opposes nor consents to the making of this order. The plaintiff's injuries were sustained in a work related incident on or about 1 July 1995 when he was employed as a deckhand on a fishing vessel owned by defendant. It is alleged through the statement of claim that he was called upon to lift an excessive weight in the form of a heavy wire cable. The amendments which make the pleadings more complete and provides the plaintiff with a right to litigate a further cause of action, breach of contract, are appropriate. In the circumstances I will make orders in terms of the draft initialled by me and placed with the papers upon the tendering to me of the letter from the plaintiff's solicitors in respect of this application. 2 JUDGMENT 30 40 50 60 -- 2 of 2 --