DISTRICT COURT OF QUEENSLAND
CITATION:
McLaughlin v Electrolux Home Products Pty Ltd [2009] QDC 120
PARTIES:
Daniel McLaughlin
(plaintiff)v
Electrolux Home Products Pty Ltd
(ACN 004 762 341)
(defendant)FILE NO/S:
2594 of 2005
DIVISION:
Applications
PROCEEDING:
Applications to include a party and add a new cause of action after the limitation period has expired; to transfer proceedings to the Supreme Court; and for experts to meet.
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
15 May 2009
DELIVERED AT:
Warwick
HEARING DATE:
29 April 2009
JUDGE:
Kingham DCJ
ORDER:
1. Mrs McLaughlin is joined as a plaintiff to these proceedings.
2. Leave is granted to amend the claim to add a cause of action by Mrs McLaughlin relating to property owned by her alone.
3. Upon amendment of the claim to seek damages beyond this court’s jurisdiction, these proceedings are transferred to the Supreme Court for determination.
4. The experts are directed to meet and confer with a view to resolving any areas of disagreement and to produce a joint report. The terms of the meeting and the requirements of the report are those specified in these reasons.
5. Electrolux is to pay the plaintiff's costs of and incidental to this application assessed on the standard basis.CATCHWORDS:
APPLICATION – TO JOIN PLAINTIFF – where limitation period has expired – whether r 69(2) applies to a limitation period imposed by the Trade Practices Act 1974 (Cth) – whether r 69 otherwise allows joinder – whether party necessary to enable court to adjudicate – where amendment would add a new cause of action – where arises from same facts or substantially the same facts
JURISDICTION – TRANSFER TO SUPREME COURT- where claim is amended exceeds this court’s monetary jurisdiction
APPLICATION – meeting of experts – whether premature – whether likely to be productive
District Court of Queensland Act 1967 (Qld), s 68, s 72.
Judiciary Act 1903 (Cth), s 79
Trade Practices Act 1974 (Cth), s 75AO, s 82
Uniform Civil Procedure Rules 1999 (Qld), r 63, r 69, r 376, r 429B, schedule 4Borsato v Campbell & Ors [2006] QSC 191, cited
Draney v Barry [2002] 1 Qd R 145, cited
Greig & Anor v Australian Building Industries Pty Ltd (in liq) [2002] QSC 298, consideredGreig (as liquidator of Australian Building Industries Pty Ltd
(in liq)) v Australian Building Industries Pty Ltd (in liq);
Greig (as liquidators of Australian Building Industries Pty
Ltd (in liq) v Stramit Corp Pty Ltd (Unreported, Supreme
Court of Queensland Court of Appeal, Williams,
Jerrard JJA and Fryberg J, 18 July 2003), followed
Interline Hydrocarbon Inc v Brenzil Pty Ltd [2006] QSC 184, considered
Montgomery v Pickard [2007] QCA 203, cited
Ramsay v McElroy, [2003] QCA 208, appliedCOUNSEL:
D Kelly for the plaintiff
J Chapple for the defendant
SOLICITORS:
RBJ Lawyers for the plaintiff
McCullough Robertson for the defendant
In the early hours of the morning of 1st of December 2003 Mr McLaughlin’s house caught…
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- Case
- [2009] QDC 120
- Decision Date
CaseChat Overview and Summary
The court found that rule 69(2) did not apply to a limitation period imposed by statute, and that rule 69 did not provide a basis for joining Mrs McLaughlin as a plaintiff. However, the court held that Mrs McLaughlin was necessary to enable the court to adjudicate on the claims, and that the amendment would not add a new cause of action but rather relate to property owned by her alone. The court also noted that the amendment would result in a claim that exceeded the court’s monetary jurisdiction, and therefore ordered that the proceedings be transferred to the Supreme Court for determination. Finally, the court directed the experts to meet and confer with a view to resolving any areas of disagreement and to produce a joint report.
The court ordered that Mrs McLaughlin be joined as a plaintiff to these proceedings, and that leave be granted to amend the claim to add a cause of action by Mrs McLaughlin relating to property owned by her alone. The court also ordered that upon amendment of the claim to seek damages beyond the court’s jurisdiction, these proceedings be transferred to the Supreme Court for determination. The court further directed the experts to meet and confer with a view to resolving any areas of disagreement and to produce a joint report. Lastly, the court ordered that Electrolux pay the plaintiff's costs of and incidental to this application assessed on the standard basis.
In light of the above, the court made the necessary orders to facilitate the joinder of Mrs McLaughlin as a plaintiff, the amendment of the claim, the transfer of the proceedings to the Supreme Court, the meeting of experts, and the payment of costs. These orders ensured that the parties could proceed with the litigation in an efficient and effective manner, while also ensuring that the court’s jurisdiction was not exceeded.
Orders
Orders of the court
1. Mrs McLaughlin is joined as a plaintiff to these proceedings.
2. Leave is granted to amend the claim to add a cause of action by Mrs McLaughlin relating to property owned by her alone.
3. Upon amendment of the claim to seek damages beyond this court’s jurisdiction, these proceedings are transferred to the Supreme Court for determination.
4. The experts are directed to meet and confer with a view to resolving any areas of disagreement and to produce a joint report. The terms of the meeting and the requirements of the report are those specified in these reasons.
5. Electrolux is to pay the plaintiff's costs of and incidental to this application assessed on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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