Brinkley v P and O Trans Australia WA Pty Ltd

Brinkley v P and O Trans Australia WA Pty Ltd is an application in the Supreme Court of Western Australia concerning the proper procedure for initiating third party proceedings. The plaintiff, Brinkley, was injured at work and has sought compensation from the defendant, P and O Trans Australia WA Pty Ltd. Brinkley has also initiated third party proceedings against another entity, but the defendant has sought to have those proceedings struck out. The court was required to determine whether the third party proceedings were validly commenced under the Rules of the Supreme Court of Western Australia, and whether the Workers Compensation and Injury Management Act 1981 imposed any additional requirements.

The court first considered whether the third party proceedings were validly initiated under the Rules of the Supreme Court of Western Australia. It held that the Rules require a third party notice to be served on the original defendant before the third party proceedings are issued, and that this requirement had not been met in this case. The court also considered whether the Workers Compensation and Injury Management Act 1981 imposed any additional requirements for third party proceedings. It held that while the Act requires the consent of the original defendant before third party proceedings can be issued, this consent is not a condition precedent to the validity of the proceedings. Rather, it is a requirement that must be met before the third party proceedings can be enforced against the third party.

As a result, the court dismissed the application to strike out the third party proceedings, but noted that the original defendant's consent was still required before those proceedings could be enforced against the third party. The court held that the third party proceedings were validly initiated, but that they could not be enforced without the original defendant's consent. The court did not make any further orders in relation to the proceedings.