Coles Supermarkets Australia Pty Ltd v Sharon May Mead

Coles Supermarkets Australia Pty Ltd brought an application to the Queensland Supreme Court against Sharon May Mead, who was injured at one of their supermarkets. The supermarket operator sought to determine the applicability of the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) and the Motor Accident Insurance Act 1994 (Qld) (MAIA) to the respondent's claim. The court had to decide whether Mead's injury was one covered by the MAIA, which would exclude it from PIPA coverage, and whether the injury was clearly one for which the MAIA applied, warranting a declaration at this stage.

The primary legal issue was whether Mead's injury was covered under the MAIA, which would exclude it from the scope of PIPA. The court had to consider if the injury was so clearly an injury for which the MAIA applied that a declaration could be made without a full hearing. The court also considered whether the applicant was entitled to join additional parties, TNT Australia Pty Ltd and Bluestar Security Pty Ltd, as contributors to Mead's claim under PIPA.

The court found that while the injury was arguably covered under the MAIA, it was not so clearly within the scope of the MAIA as to warrant a declaration at this stage. The court held that the injury was not so clearly an injury for which the MAIA applied that a declaration could be made. The court also allowed the applicant to join TNT Australia Pty Ltd and Bluestar Security Pty Ltd as contributors to the claim under PIPA. The application was otherwise dismissed, with the applicant ordered to pay the costs of the application.

The final orders of the court were that Coles Supermarkets Australia Pty Ltd had leave to join TNT Australia Pty Ltd and Bluestar Security Pty Ltd as contributors to the first respondent's claim under PIPA. The application was otherwise dismissed. Coles Supermarkets Australia Pty Ltd was ordered to pay the costs of the fourth respondent assessed on the standard basis, and the first respondent's costs of and incidental to the application on an indemnity basis.