Austin v Tuxworth & Woods Mossman Carriers Pty Ltd [2000] QSC 349

Reporting 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 No 45 of 1996 BRETT IAN AUSTIN and TUXWORTH & WOODS MOSSMAN CARRIERS PTY LTD CAIRNS .. DATE 24/07/2000 JUDGEMENT . <.?OOZi Li5c"''~'01 neaJn;:3 1~~ '.r'. · ·:: :•~c1s 0=1nss: S::1k'0'.J CE'.3li\3tl . ---.--..;;....;....Jt'+'""" ··~-· -~ Plaintiff Defendant -llh 1·111,w, The Law Courts, George Stred, Brishanc, Q. ,WOO Tch:phone: (07) J2..t7 -IJ(iO Fax: (07) 32-17 5.5J2 -- 1 of 2 -- 24072000 D. T5/KEW M/T CNS444/2000 (Jones J) HIS HONOUR: This is an application by the plaintiff to amend the summons and statement of claim to include an additional cause of action, viz breach of statutory duty. The plaintiff was injured in a work related incident on 12 October 1995 and in respect of those injuries he seeks damages. His initial writ of summons relied simply on the cause of action of negligence. Since the handing down of the decision of the High Court in Astley and Astley, he seeks now to enlarge the scope of his action to include a claim for breach of contract. The defendant who appears before me by its solicitors, neither consents nor opposes to the amendment. That being the case there seems to be no reason why the Court should not accede to the plaintiff's application. I make orders in terms of the draft initialled by me and placed with the papers. 2 JUDGMENT 10 30 40 ·50 60 -- 2 of 2 --