Kinecho Pty Ltd & Ors v. Stevenson Transport Pty Ltd

Kinecho Pty Ltd and others initiated proceedings against Stevenson Transport Pty Ltd and Les Carlile in the Supreme Court of Queensland. The plaintiffs sought leave to take a procedural step and the removal of one of the plaintiffs, William Hay and Margarita Hay, from the proceedings. The matter was heard by Fryberg J, who delivered the judgment.

The court was required to decide whether the plaintiffs needed leave to take a step in the proceedings, specifically the production of documents, and whether the second plaintiffs should be removed from the case. The plaintiffs argued that the production of documents was a necessary step in the proceedings and that the second plaintiffs should be removed as they neither consented to nor opposed the removal.

Fryberg J found that leave was not required as the preconditions for rule 389 to be engaged had not been met. The judge further clarified that the production of documents between parties is an encouraged step in the litigation process, as it moves the action closer to its conclusion and reduces litigation costs. As for the removal of the second plaintiffs, the judge ruled that it was a matter for the plaintiffs' discretion, and since the defendants neither consented to nor opposed the removal, the court was prepared to order the removal.

The Supreme Court of Queensland ordered that William Hay and Margarita Hay be removed from the proceedings and that the costs of the application be costs in the cause. The court also allowed the remaining plaintiff to deliver an amended statement of claim.