Paddington Complex Pty Ltd v Stevenson Contracting P/L

[2006] QSC 266

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

FRYBERG J

[2006] QSC 266

No 3602 of 2006

PADDINGTON COMPLEX PTY LTD
(ACN 092 111 245)

Applicant/Plaintiff

and

STEVENSON CONTRACTING PTY LTD
(ACN 103 176 950) ATF THE STEVENSON FAMILY DISCRETIONARY TRUST

and

ANGELA STEVENSON

and

SUMMERFIELD PTY LTD
(ACN 010 118 304)

First Respondent/
Defendant

Second Respondent/
Defendant

Third Respondent/
Third Party

BRISBANE

..DATE 18/09/2006

ORDER

HIS HONOUR:  The applicants, who are the defendants, have brought an application for leave to issue third party proceedings against Larkin Teys Consulting Pty Ltd.  They have served that company with the application as well as serving the existing parties to the litigation.  None of the existing parties to the litigation has any objection to the proposed third party proceedings.  The proposed third party has responded to the application served upon it and appears before me today. 

In my judgment the proposed third party is not a proper party to this application.  Rule 194 makes it clear who are supposed to be served with applications of this sort and how and when service is to be effected.  The proposed third party is in effect being asked to make submissions as to why it should or should not be sued and whether a statement of claim which may yet be changed before it is served on the proposed third party discloses a proper cause of action.  It is embarrassing to have such submissions made to the Court by a person who is not yet a party to the proceeding.  I reject the submission that it is a person with such an interest in the application as entitles it to be heard, at least in the absence of extraordinary circumstances.  I am not prepared to hear the proposed third party on this application. 

...

HIS HONOUR:  I order that the proposed third party not be heard.  I order that the applicants pay the costs of the proposed third party to be assessed.

...

HIS HONOUR:  I order that the first and second defendants have leave to file a third party notice directed to Larkin Teys Consulting Pty Ltd.  I order that the costs of the application as between the first and second defendants and the plaintiff and Summerfield Pty Ltd be costs in the cause.

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