Read the full judgment text of HCA 002237/1982 on BabelCite. This High Court CFI judgment was delivered on 9 May 1985.
1. In Seabridge v. H. Cox and Sons (Plant Hire) Limited and another (1) a strong English Court of Appeal decided that where a defendant is substituted or added to an action pursuant to R.S.C. Order 15 Rule 6(2) the stamping of the amendment is equivalent to the issue of a writ. That decision has been followed ever since. The question in this case, which arises on an application to set aside service of a writ on the ground that it was effected more than twelve months after its issue, is whether t