Edgarange Pty Ltd v Pretirment Villages Pty Ltd

[2012] QDC 319

[2012] QDC 319

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 918 of 2011

EDGARANGE PTY LTD	Plaintiff
and
PRETIREMENT VILLAGES PTY LTD	Defendant

BRISBANE

..DATE 15/10/2012

ORDER

CATCHWORDS

Commercial List - uncontroversial listing - desirability of fixing trial dates when listing occurs
HIS HONOUR:  Order as per initialled draft.  The effect of that draft is to place this proceeding in the commercial list.  This is not opposed by the defendant, but it does oppose the fixing of trial dates.  That's on the basis that the defendant has in mind to join a third party, and that it would have the appearance of being too precipitate in committing to a timetable that may prejudice the third party.

These things are always flexible.  My own notion of the way the commercial list ought to work is that, prima facie, trial dates ought to be allocated at the earliest possible stage so that case management occurs with a view to meeting those target dates.  It seems to be a feature of the system that unless dates are allocated well ahead the opportunity for early trials may be lost.  It's usually possible to use space that is freed up somewhere in the interim if the worst comes to the worst.

The plaintiff, which is simply seeking to collect the contract price of construction work, has done all it needs to to indicate its readiness for trial.  That occurred some three months ago.  The defendant's quibbles are based on the idea that the third party, a firm of engineers who are now named, are going to be brought into the proceeding as a third party.

It seems to me the defendant has been taking its time in this regard.  Still, nothing has been revealed as to the precise or general basis on which the third party is said to be at fault, although I accept from Mr Stretton that, within his firm, thought has been given to that and the case is being worked up.

Acknowledging the possibility that it's uncertain what will emerge when and if the third party is joined in relation to the exigencies of the preparation for trial affecting it, I think it's preferable to get things moving.  The defendant's performance in this regard has been less expeditious than one would hope for, and the listing may serve to improve that situation.

Order as per initialled draft.

‑‑‑‑‑