SUPREME COURT OF QUEENSLAND
CITATION:
Copland v Gallia Worldwide Pty Ltd & another [2023] QSC 124
PARTIES:
DAVID ALLEN COPLAND
(plaintiff)
vGALLIA WORLDWIDE PTY LTD ACN 099 223 935
(first defendant)
and
GALLIA WORLDWIDE PTY LTD ACN 099 172 693(second defendant)
FILE NO/S:
650 of 2020
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT: Supreme Court of Queensland
DELIVERED ON:
Ex tempore reasons delivered on 16 February 2023
DELIVERED AT:
Cairns
HEARING DATE:
10 February 2023 and 16 February 2023
JUDGE:
Henry J
ORDERS:
1. a. The oral application of the second defendant for leave to add a counterclaim is granted.
b. Pursuant to rules 375 and 377 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), the defendants are granted leave to amend their Counterclaim, substantially in the form exhibited at page 85 of exhibit “KAW” to the affidavit of Katherine Mary Whalan sworn on 1 February 2023 and the new causes of action therein are taken to have been started when the application for leave was filed, ie, 3 February 2023.
2. By 26 February 2023, the defendants file and serve their Defence to the Second Amended Statement of Claim and Counter Claim.
3. By 12 March 2023, the plaintiff file and serve and Amended Reply and Answer.
4. By 20 March 2023:
a. the plaintiff give any further disclosure pursuant to rule 211 of the UCPR; and
b. the defendant give any further disclosure pursuant to rule 211 of the UCPR.
5. By 6 April 2023, either party file and serve any application pursuant to rule 223 of the UCPR.
6. By 27 April 2023, the plaintiff serve a signed witness statement for each lay witness they intend to call to give evidence at the trial of the proceeding, setting out a detailed summary of that witness’ proposed evidence-in-chief.
7. By 18 May 2023, the defendant serve a signed witness statement for each lay witness he intends to call to give evidence at the trial of the proceeding, setting out a detailed summary of that witness’ proposed evidence-in-chief.
8. If either party intends to call a witness but cannot obtain a signed written statement from that person, the party may serve, by the same date, summary of evidence that the witness is expected to give.
9. The parties are directed to attend, participate in, and act reasonably and genuinely in a mediation to be conducted by 27 July 2023.
10. The mediator is to be selected by the plaintiff from a panel of three mediators proposed by the defendant.
11. Copies of the following documents are to be provided to the mediator:
a. the pleadings;
b. the witness statements and summaries served by the parties; and
c. any other document agreed by the parties to be given to the mediator.
12. The period of the mediation is fixed at a maximum of 1 day and may extend beyond with the authorisation of the parties.
13. The parties are to negotiate a fee with the mediator.
14.…
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- Case
- [2023] QSC 124
- Decision Date
CaseChat Overview and Summary
The court granted the defendants leave to amend their counterclaim, with the new cause of action taken to have been started on the date the application for leave was filed. The court found that allowing the amendment would not cause detriment to the plaintiff, and therefore did not consider it appropriate to order the exchange of witness statements. The court issued several orders to facilitate the progress of the case, including deadlines for filing and serving pleadings, further disclosures, and witness statements. The parties were also directed to participate in mediation, with specific provisions for the selection of the mediator, the sharing of costs, and the exchange of relevant documents.
The court's decision to grant leave to amend the counterclaim was based on a consideration of the potential detriment to the plaintiff, which the court found to be minimal. The court's refusal to order an exchange of witness statements was due to the fact that the amendment did not introduce significant new issues that would require such an exchange. The court's directions aimed to ensure the efficient progress of the case and to promote the resolution of the dispute through mediation.
The final orders included granting leave to amend the counterclaim, setting deadlines for filing and serving pleadings, further disclosures, and witness statements, directing the parties to participate in mediation, and staying the proceedings until after the mediation or until further order. Costs were reserved for determination at a later stage.
Orders
Orders of the court
1. a. The oral application of the second defendant for leave to add a counterclaim is granted.
b. Pursuant to rules 375 and 377 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), the defendants are granted leave to amend their Counterclaim, substantially in the form exhibited at page 85 of exhibit “KAW” to the affidavit of Katherine Mary Whalan sworn on 1 February 2023 and the new causes of action therein are taken to have been started when the application for leave was filed, ie, 3 February 2023.
2. By 26 February 2023, the defendants file and serve their Defence to the Second Amended Statement of Claim and Counter Claim.
3. By 12 March 2023, the plaintiff file and serve and Amended Reply and Answer.
4. By 20 March 2023:
a. the plaintiff give any further disclosure pursuant to rule 211 of the UCPR; and
b. the defendant give any further disclosure pursuant to rule 211 of the UCPR.
5. By 6 April 2023, either party file and serve any application pursuant to rule 223 of the UCPR.
6. By 27 April 2023, the plaintiff serve a signed witness statement for each lay witness they intend to call to give evidence at the trial of the proceeding, setting out a detailed summary of that witness’ proposed evidence-in-chief.
7. By 18 May 2023, the defendant serve a signed witness statement for each lay witness he intends to call to give evidence at the trial of the proceeding, setting out a detailed summary of that witness’ proposed evidence-in-chief.
8. If either party intends to call a witness but cannot obtain a signed written statement from that person, the party may serve, by the same date, summary of evidence that the witness is expected to give.
9. The parties are directed to attend, participate in, and act reasonably and genuinely in a mediation to be conducted by 27 July 2023.
10. The mediator is to be selected by the plaintiff from a panel of three mediators proposed by the defendant.
11. Copies of the following documents are to be provided to the mediator:
a. the pleadings;
b. the witness statements and summaries served by the parties; and
c. any other document agreed by the parties to be given to the mediator.
12. The period of the mediation is fixed at a maximum of 1 day and may extend beyond with the authorisation of the parties.
13. The parties are to negotiate a fee with the mediator.
14. The parties are to pay the following percentages of the cost of mediation:
a. Plaintiff: 50%; and
b. Defendant: 50%.
15. The parties must pay their respective percentages of the cost of the mediation to the mediator by the date requested by the mediator.
16. The mediator is to be informed of the appointment by the plaintiff.
17. Subject to paragraphs 1 to 8 of these Orders above, the proceedings be stayed until 6 business days after the mediator’s certificate is filed in the registry or until further earlier order.
18. Costs reserved.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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