Sloane v Yuruga Nursery Pty Ltd - [2004] QSC 20

SUPREME COURT OF QUEENSLAND

CITATION:

Sloane v Yuruga Nursery Pty Ltd & Ors [2004] QSC 020

PARTIES:

GEOFFREY WAYNE SLOANE
(Plaintiff)
v
YURUGA NURSERY PTY LTD (ACN 10 827 595)
(Defendant)
TOLL NORTH PTY LTD (ACN 009 683 452)
(First Third Party)
VICKI DIANNA TAYLOR and JONATHAN LIND TAYLOR
(Second Third Party)
GARRY DAVID McCLYMONT
(Third Third Party
SUNCORP METWAY INSURANCE LIMITED (ABN 83 075 695 966)
(Fourth Party)

FILE NO/S:

5123 of 2001

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Cairns

DELIVERED ON:

23 February 2004

DELIVERED AT:

Cairns

HEARING DATE:

15 July 2003

JUDGE:

Jones J

ORDERS:

(1)   On the fourth party proceedings, judgment for the fourth party against the first third party.

(2)   The first third party pay the costs of and incidental to the fourth party to be assessed on the standard basis.

(3)   Such costs to be the first third party’s cost in the cause.

(4)   The operation of orders two and three above will be delayed for fourteen days during which time I will receive submission from parties wishing to argue for costs orders in different terms.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – PLEADINGS – STATEMENT OF CLAIM- FAILURE TO DISCLOSE A CAUSE OF ACTION- Whether Notice and Statement of Claim can be struck out pursuant to r 171 of the Uniform Civil Procedure Rules 1999 – Whether summary judgement can occur pursuant to r 293 of the Uniform Civil Procedure Rules 1999.

INSURANCE – PERSONAL INJURIES – s5(1)(b) of the Motor Accident Insurance Act 1994 (Qld) – where vehicle stored cargo which became unstable when unloaded – whether injury suffered by plaintiff was caused by an act or omission in respect of a motor vehicle

Motor Accident Insurance Act 1994
Uniform Civil Procedure Rules 1999

Brew v WorkCover Queensland (2003) QCA 504 cited.
Curtin Bros Qld Pty Ltd v FAI General Insurance Company Limited (1995) 1 QdR 142 cited
Palmer v Harker Transport Services Pty Ltd (2003) QCA 513 cited.
Patullo v Grays Sawmills Pty Ltd (1995) 2 QdR 528 cited.
Purt v State of Queensland (2003) QCA 503 cited.
Swain v Hillman (2001) 1 AllER 91 followed
Technical Products Pty Ltd v State Government Insurance Office (Queensland) (1989) 167 CLR 45 followed.

COUNSEL:

Houston G for the third third party

Holyoak K (4^th Party)

SOLICITORS:

K.M Splatt & Associates for the plaintiff
MacDonnells for the defendant
McInnes Wilson for the first third party
Kennedy Spanner for the second third parties
Ross Mangano for the third third party
Walsh Halligan Douglas for the fourth party

On 27 January 1998 the plaintiff sustained injuries in the course of his employment with the defendant, Yuruga Nursery Pty Ltd, at its premises at Walkamin in the State of Queensland. The plaintiff’s task at the time was the unloading from a semi-trailer of a large quantity of plastic nursery trays. According to the pleadings the load consisted of some 19,800 such trays and weighed in the vicinity of 20 tonne. The trays had been…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] QSC 20
Decision Date: 23 February 2004

CaseChat Overview and Summary

The case of Sloane v Yuruga Nursery Pty Ltd involved the plaintiff, Sloane, suing the defendant, Yuruga Nursery Pty Ltd, over an injury sustained during the unloading of stored cargo from a vehicle. The dispute was brought before the Supreme Court, where the plaintiff sought damages for personal injuries allegedly caused by an unstable vehicle. The crux of the legal battle lay in determining whether the injury was attributable to an act or omission in respect of a motor vehicle, as per section 5(1)(b) of the Motor Accident Insurance Act 1994 (Qld).

The court was tasked with deciding two primary legal issues. Firstly, whether the Notice and Statement of Claim could be struck out under rule 171 of the Uniform Civil Procedure Rules 1999 due to the plaintiff's failure to disclose a cause of action. Secondly, the court had to consider if summary judgment could be granted under rule 293 of the same rules, given that there were no genuine issues to be tried.

In addressing these issues, the court ruled in favour of the defendant, Yuruga Nursery Pty Ltd. It found that the plaintiff's failure to disclose a valid cause of action warranted the striking out of the Notice and Statement of Claim. Additionally, the court determined that the undisputed facts presented no genuine issues that would necessitate a trial, thus allowing for summary judgment. Consequently, the fourth party was granted judgment against the first third party, with the first third party ordered to pay the costs of the fourth party. The court also set aside a period for any submissions on the costs orders, to be assessed on the standard basis, with the costs becoming the first third party’s costs in the cause.

Orders

Orders of the court

(1) On the fourth party proceedings, judgment for the fourth party against the first third party.

(2) The first third party pay the costs of and incidental to the fourth party to be assessed on the standard basis.

(3) Such costs to be the first third party’s cost in the cause.

(4) The operation of orders two and three above will be delayed for fourteen days during which time I will receive submission from parties wishing to argue for costs orders in different terms.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Sloane v Yuruga Nursery Pty Ltd & Ors [2004] QSC 020
PARTIES:	GEOFFREY WAYNE SLOANE (Plaintiff) v YURUGA NURSERY PTY LTD (ACN 10 827 595) (Defendant) TOLL NORTH PTY LTD (ACN 009 683 452) (First Third Party) VICKI DIANNA TAYLOR and JONATHAN LIND TAYLOR (Second Third Party) GARRY DAVID McCLYMONT (Third Third Party SUNCORP METWAY INSURANCE LIMITED (ABN 83 075 695 966) (Fourth Party)
FILE NO/S:	5123 of 2001
DIVISION:	Trial
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court, Cairns
DELIVERED ON:	23 February 2004
DELIVERED AT:	Cairns
HEARING DATE:	15 July 2003
JUDGE:	Jones J
ORDERS:	(1) On the fourth party proceedings, judgment for the fourth party against the first third party. (2) The first third party pay the costs of and incidental to the fourth party to be assessed on the standard basis. (3) Such costs to be the first third party’s cost in the cause. (4) The operation of orders two and three above will be delayed for fourteen days during which time I will receive submission from parties wishing to argue for costs orders in different terms.
CATCHWORDS:	PROCEDURE – SUPREME COURT PROCEDURE – PLEADINGS – STATEMENT OF CLAIM- FAILURE TO DISCLOSE A CAUSE OF ACTION- Whether Notice and Statement of Claim can be struck out pursuant to r 171 of the Uniform Civil Procedure Rules 1999 – Whether summary judgement can occur pursuant to r 293 of the Uniform Civil Procedure Rules 1999. INSURANCE – PERSONAL INJURIES – s5(1)(b) of the Motor Accident Insurance Act 1994 (Qld) – where vehicle stored cargo which became unstable when unloaded – whether injury suffered by plaintiff was caused by an act or omission in respect of a motor vehicle Motor Accident Insurance Act 1994 Uniform Civil Procedure Rules 1999 Brew v WorkCover Queensland (2003) QCA 504 cited. Curtin Bros Qld Pty Ltd v FAI General Insurance Company Limited (1995) 1 QdR 142 cited Palmer v Harker Transport Services Pty Ltd (2003) QCA 513 cited. Patullo v Grays Sawmills Pty Ltd (1995) 2 QdR 528 cited. Purt v State of Queensland (2003) QCA 503 cited. Swain v Hillman (2001) 1 AllER 91 followed Technical Products Pty Ltd v State Government Insurance Office (Queensland) (1989) 167 CLR 45 followed.
COUNSEL:	Houston G for the third third party Holyoak K (4^th Party)
SOLICITORS:	K.M Splatt & Associates for the plaintiff MacDonnells for the defendant McInnes Wilson for the first third party Kennedy Spanner for the second third parties Ross Mangano for the third third party Walsh Halligan Douglas for the fourth party