Just GI Pty Ltd v Nomoheith Pty Ltd

SUPREME COURT OF QUEENSLAND

CITATION:

Just GI Pty Ltd & Ors  v Nomoheith Pty Ltd [2000] QSC 163

PARTIES:

JUST GI PTY LTD ACN 010 645 708
(first plaintiff)
and
NOMOHEITH PTY LTD ACN 060 188 367 as trustee of the Nimrod Discretionary Trust
(second plaintiff)
and
MARKEV PTY LTD ACN 078 666 476 as trustee of the Evans Family Trustee
(second plaintiff)
and
PIG IMPROVEMENT COMPANY AUSTRALIA PTY LTD ACN 058 819 328
(defendant)

FILE NO:

S5461 of 1998

DIVISION:

Trial Division

DELIVERED ON:

8 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

12 April 2000

JUDGE:

Mackenzie J

ORDER:

1. The application be dismissed with costs to be assessed.

CATCHWORDS:

PRACTICE – LEAVE TO FILE THIRD PARTY NOTICES – Application to join third parties in action for damages – breach of contract – negligence – Trade Practices Act – Question whether leave should be granted – will cause delay – lost revenue.

Trade Practices Act 1974

UCPR 192

AMP Fire & General Insurance Company Limited v Dixon (1982) VR 833
Phonesivorabouth v Tops Services Pty Ltd (1992) 106 FLR 471
Wasley v Frost (1974) 7 SASR 506

COUNSEL:

K.A Barlow for the plaintiffs
R. Myers for the defendant 

SOLICITORS:

Russell and Company for the plaintiffs
Carter Newell for the defendant

1. MACKENZIE J:  The action in which the application is brought is one where the plaintiffs seek to recover damages from the defendant who allegedly was responsible for introducing an infectious disease into the plaintiff's piggery.  The applicant defendant seeks leave to file third party notices against several persons who are alleged to have been involved in aspects related directly or indirectly to the transaction. 

1. It is pleaded in the amended statement of claim that in 1997 a partnership (the Silpurse Partnership) was entered into by the plaintiffs to conduct a commercial piggery at Westbrook and a specialised wholesale pork business called Riverside Wholesale Meats.  The defendant was a pig breeder and trader. 

1. At about the time the partnership commenced there were discussions between the plaintiff and defendant about destocking the piggery and repopulating it with  a new herd of breeding stock of high health status.  Subsequently, the defendant advanced a proposal for it to restock the piggery with its genotype from the Pepperina facility.  At a later date, an agreement for the plaintiff to lease breeding stock from the defendant was entered into and pigs were supplied. Some time later diseased pigs were introduced into the piggery which, despite efforts to stop the disease spreading, caused loss.  The prayer includes claims for damages for breach of contract, negligence and under the Trade Practices Act.

1. There are four identifiable categories of proposed third parties.  The first group Campastco Pty Ltd and/or four individuals named Cameron, who comprised the Cameron Pastoral Company, are alleged to be persons from whom the defendant acquired the pigs for supply to the plaintiff.  The second group, Mr Sullivan and his eponymous company, were allegedly retained by Campastco or Cameron Pastoral Company to advise them of…