If a limitation period has expired, what must happen to add a new party to the proceedings?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

When a limitation period has expired, adding a new party to the existing proceedings typically requires obtaining court leave. This requirement is in place because the expiration of the limitation period means that the legal right to bring an action against the new party has lapsed. Therefore, permission from the court is necessary to ensure that the new party's inclusion adheres to the principles of fairness and justice, allowing the court to assess whether the addition of the party would result in any prejudice or unfairness to the existing parties involved in the litigation.

In contrast, filing a special request or starting a new claim would not directly address the need to add a party to proceedings post-limitation expiry. Simply adding a new party without permission might contravene procedural rules and jeopardize the integrity of the proceedings. Thus, obtaining leave is essential to proceed legally and appropriately under such circumstances.

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