SUPREME COURT OF QUEENSLAND
CITATION:
Queensland Rail v Amaca and Ors [2011] QSC 289
PARTIES:
QUEENSLAND RAIL
(Plaintiff)v
AMACA PTY LTD ACN 000 035 512
(First Defendant)and
AMABA PTY LTD ACN 000 387 342
(Second Defendant)and
WALLABY GRIP LIMITED
(Third Defendant)and
WALLABY GRIP (B.A.E.) PTY LTD (IN LIQUIDATION) ACN 008 453 325
(Fourth Defendant)and
SELTSAM PTY LIMITED ACN 000 003 734
(Fifth Defendant)and
CRS LIMITED ACN 000 001 276
(Sixth Defendant)FILE NO/S:
BS2162 of 2007
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
5 October 2011
DELIVERED AT:
Brisbane
HEARING DATE:
9 September 2011
JUDGE:
Boddice J
ORDER:
1. The plaintiff’s application is dismissed.
2. The defendants’ applications are allowed.
3. The defendants are granted leave to file and serve the third further amended defences.
CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SUMMARY JUDGMENT – where the third and fourth defendants plead counterclaims and claims for equitable set-off - where the plaintiff makes application pursuant to r 293 of the Uniform Civil Procedure Rules 1999 (Qld) for summary judgment on those counterclaims – whether there are no real prospects of succeeding on all or part of the claims – whether there is no need for a trial of the claim or part of the claim
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – OTHER MATTERS – where the plaintiff makes application pursuant to r 171 of the Uniform Civil Procedure Rules 1999 (Qld) for the counterclaims and equitable set-offs to be struck out – whether a set-off or counterclaim can be pleaded in a claim for statutory indemnity – whether there is no reasonable cause of action – whether those claims have a tendency to prejudice or delay the fair trial of the proceedings
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – DEFENCE AND COUNTERCLAIM – where the defendants make application for leave to deliver further amended defences – where the plaintiff has been on notice of the equitable set-off claims since 2008 – where no steps were taken to strike it out – whether it is appropriate to grant the defendants leave to bring such claims at a late stage in the proceeding
Law Reform Act 1995 (Qld)
Uniform Civil Procedure Rules 1999 (Qld)
Workers’ Compensation and Rehabilitation Act 2003 (Qld)
Brambles Constructions Pty Ltd v Helmers (1966) 114 CLR 213
Coldham-Fussell v Commissioner of Taxation [2011] QCA 45
James Hardie & Co Pty Ltd v Seltsam Pty Ltd [1998] HCA 78
Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119
Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232
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- AGLC
- Queensland Rail v Amaca [2011] QSC 289
- Case
- [2011] QSC 289
- Decision Date
CaseChat Overview and Summary
The court first considered whether the plaintiff's application for summary judgment on the counterclaims was appropriate under rule 293 of the Uniform Civil Procedure Rules 1999 (Qld). The court assessed whether there were no real prospects of the defendants succeeding on all or part of their claims and whether a trial was necessary. Additionally, the court examined whether the defendants' claims for set-off could be pleaded in a claim for statutory indemnity and whether these claims had a tendency to prejudice or delay the proceedings. Furthermore, the court reviewed the defendants' application for leave to deliver further amended defences, considering whether it was appropriate to grant such leave at a late stage in the proceedings, given that the plaintiff had been aware of the equitable set-off claims since 2008.
The court found that the plaintiff's application for summary judgment was not appropriate, and thus dismissed it. The court allowed the defendants' applications, including granting leave for the defendants to file and serve their third further amended defences. The court ruled that it was appropriate to permit the defendants to bring their set-off claims at that stage, considering the plaintiff's prolonged awareness of these claims.
The court's final orders were that the plaintiff's application for summary judgment was dismissed, the defendants' applications were allowed, and the defendants were granted leave to file and serve their third further amended defences.
Orders
Orders of the court
1. The plaintiff’s application is dismissed.
2. The defendants’ applications are allowed.
3. The defendants are granted leave to file and serve the third further amended defences.
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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