McPherson v Mount Isa Mines Ltd

[2019] QDC 37

DISTRICT COURT OF QUEENSLAND

CITATION:

McPherson v Mount Isa Mines Ltd & Anor [2019] QDC  37

PARTIES:

JAMIE MCPHERSON

(plaintiff)

v

MOUNT ISA MINES LIMITED (ACN 009 661 447)

(first defendant)

and

MCA ENGINEERING GROUP PTY LIMITED

(ACN 166 079 885)

(second defendant)

FILE NO:

116/18

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

25 March 2019

DELIVERED AT:

Cairns

HEARING DATE:

22 March 2018

JUDGE:

Morzone QC DCJ

ORDER:

The first defendant has leave to file and serve a third party notice and statement of claim on MCA Engineering Pty Ltd ACN 149 957 353 on or before 29 March 2019.1.    

The second defendant’s application filed 27 February 2019 is adjourned to the registry for the registrar to fix a hearing date if requested by any party after that party gives the other parties at least three business days written notice.2.    

Unless either party applies for a different costs order, or the parties otherwise agree, within 14 days of this judgment, the costs of and incidental to the applications filed 27 February 2019 and 15 March 2019 will be each parties’ costs in the proceedings.3.    

CATCHWORDS:

CIVIL PROCEDURE – APPLICATION – DEFAULT JUDGMENT – Where the applicant seeks to issue a Third Party Statement of Claim to the third party- Second defendant applies for court ordered mediation - Negligence for damages – 192 Uniform Civil Procedure Rules 1999 (Qld.

Legislation
Law Reform Act 1995 (Qld)
Personal Injuries Proceedings Act 2002 (Qld)
Uniform Civil Procedure Rules 1999 (Qld)
Workers’ Compensation and Rehabilitation Act 2003 (Qld)

Cases

MGM Containers Pty Ltd v Wockner [2006] QCA 502

Phonesivorabouth v Tops Services Pty Ltd (1992) 106 FLR 471

Villinger Group Ltd v Redmond [2009] QSC 60

COUNSEL:

L. Neil for the Plaintiff

J. Trevino for the First Defendant

J.M Sorbello for the Second Defendant

1. The first defendant applies pursuant to rule 194 for leave to issue a Third Party Statement of Claim against a proposed third party, MCA Engineering Pty Ltd.  The second defendant opposes the application, and the plaintiff points to potential increased delay and costs.

1. The second defendant applies for court ordered mediation of the proceeding, which is unopposed except its timing and participating parties will be subject of the determination of the first defendant’s application.

1. The parties have provided detailed written outlines of argument, and made further oral submissions.

Background

1. The plaintiff sues the first and second defendants in negligence for damages for personal injuries suffered while working at the Mt Isa Mine on 31 July 2016.

1. The first defendant is the operator of the mine.  The second defendant operated a labour hire business and, at the time of the alleged injury, the plaintiff‘s services were provided by the second defendant to the first defendant pursuant to Purchase Order MCFUFR SRV.[1]

   [1]Statement of Claim, Court Document 1.

1. After complying with the pre-court procedures under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and Personal Injuries Proceedings Act 2002 (Qld), the plaintiff commenced proceedings on 28 June…