Justice MacCallum in Fullowka stated that: ... those decisions which hold that the litigating finger must point to the proposed Defendant, and no one else, are to be viewed with caution and in light of their facts. The test in Davies v. Elsby Brothers does not contain the additional words “and no one else”. Those words might apply in circumstances where there was only one Defendant or one driver, for example, but where Defendants are members of a group alleged to be responsible, surely it is sufficient to adequately identify each Defendant as a member of that group.[12]
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