Gibson v. Mount Isa Mines Ltd

Gibson v. Mount Isa Mines Ltd is an application brought before the Supreme Court of Queensland by four mining companies seeking leave to issue a third party notice against a party not originally sued by the plaintiff, Brian David Gibson. Gibson is suing the mining companies for damages arising from personal injuries he sustained while working for the proposed third party. The mining companies wish to claim damages, contribution, indemnity, interest, and costs against the third party employer. The application was made late, and WorkCover Queensland, representing the third party, filed a notice requiring an oral hearing. The plaintiff did not oppose the grant of leave, but WorkCover Queensland opposed it. The legal issues were whether the defendants' claims fell within Rule 192 of the Uniform Civil Procedure Rules and whether there were significant practical difficulties that would warrant the exclusion of part of the cause of action. Fryberg J held that the proposed claims fell within Rule 192 and that the practical difficulties raised by WorkCover Queensland were not sufficient to refuse the application. Fryberg J also held that the defendants should pay the plaintiff's costs of the application, and WorkCover Queensland should pay the defendants' costs to the extent that those costs were increased by reason of the need for an oral application.