Richard Albarran and Blair Pleash as Receivers and Managers of Maiden Civil (P&E) Pty Limited v Queensland Excavation Services Pty Limited (No 2)

The case involved the receivers and managers of Maiden Civil (P&E) Pty Limited, the plaintiffs, suing Queensland Excavation Services Pty Limited, the defendant, over a contractual dispute. The matter was heard in the Supreme Court of Queensland. The plaintiffs sought damages for alleged breaches of contract and associated claims. After the court reserved judgment, the defendant passed away before judgment was delivered, and no probate had been granted at the time of the judgment.

The court had to determine whether it could proceed to deliver judgment in the absence of a representative of the deceased defendant's estate. The plaintiffs argued that the court should not deliver judgment without a representative, while the court itself had to consider whether it had the authority to make an order under UCPR rule 7.10, which allows for the appointment of a representative of the deceased estate in such circumstances.

The court found that it did indeed have the authority to make such an order under UCPR rule 7.10. The court considered the purpose of the rule, which was to ensure that proceedings could continue in the event of a party's death, and that it was in the interests of justice to do so. The court determined that it was appropriate to make an order appointing a representative of the deceased defendant's estate to allow the proceedings to continue. This allowed the court to deliver its judgment in the matter, providing a resolution to the contractual dispute between the parties.

The court made an order under UCPR rule 7.10 appointing a representative of the deceased defendant's estate. This enabled the court to deliver its judgment on the merits of the case, finding in favour of the plaintiffs and awarding damages for the breaches of contract. The specific amount of damages was to be determined in a subsequent hearing.