Geary v REJV Services P/L

The case of Geary v REJV Services P/L involved a dispute where the first defendant sought judgement against the first, third, and fourth defendants under rule 293 of the Uniform Civil Procedure Rules 1999. The plaintiff sought an order that two actions, SC No 212 of 2008 and SC No 550 of 2008, be heard together. Additionally, the plaintiff argued that certain third parties owed a duty to him.

The court was tasked with determining whether the statement of claim of the defendants disclosed a cause of action. It also had to decide whether the trials of the two actions should be heard together and whether the third parties in question owed a duty to the plaintiff. The third party, Downer EDI Mining P/L, also sought judgement against the respondents REJV Services P/L, Bradken Resources P/L, and United Group Limited, with an application for costs.

The court found that the statement of claim did not disclose a cause of action, and thus, judgement was given in favour of Downer EDI Mining P/L against the respondents. It was also decided that the trials of actions SC No 212 of 2008 and SC No 550 of 2008 should indeed be heard together. However, the court did not find that the third parties owed a duty to the plaintiff. The application was adjourned to a later date to be determined.