In a supplementary endorsement, the Master considered whether to allow the plaintiffs to add J&N Landscaping as a defendant after previously dismissing a motion to add another party due to limitation period issues.
J&N Landscaping did not oppose being added but wished to reserve the right to plead a limitation defence.
The Master held that while the court is not bound by party consents, it should generally respect a party's chosen litigation path.
The plaintiffs were permitted to add J&N Landscaping as a defendant, without prejudice to J&N pleading the Limitations Act, 2002.
