UCPR 376(4): adding a cause which is time barred

Mio Art Pty Ltd v Mango Boulevard Pty Ltd and Ors (No 5) [2014] QSC 081



Philip McMurdoJ



1. Leave    for    the   plaintiff      to    amend   the    claim according to the annexure to the application filed 17 Feb 2014, save for paragraph 10 of that document.

2. Paragraphs 49.5, 49.7, 49.8 and 9A of the second further amended statement of claim, filed on 22 January 2014, be struck out.

3. Plaintiff to file and serve an amended statement of claim and an amended claim in accordance with these orders and the reasons for judgment within 28 days.


PROCEDURE – SUPREME COURT PROCEDURE –QUEENSLAND–PROCEDURE UNDER THE UNIFORM – CIVIL PROCEDURE RULES AND PREDECESSORS – AMENDMENT–where the plaintiff seeks leave to amend its claim and statement of claim–where the first and fourth defendants apply to disallow the amendments and to strike out the part of the pleading relating to the amendments–whether an amendment to plead a cause of action, which is time barred, could be made under r376(4) of the Uniform Civil Procedure Rules 1999 (Qld).

David Cormack – Brisbane Barrister.

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