Thorburn v BBC Hardware

[2001] QDC 51

DISTRICT COURT OF QUEENSLAND

CITATION: 

Thorburn v BBC Hardware & Anor [2001] QDC 051

PARTIES: 

WILLIAM ANDREW THORBURN (Plaintiff)

And

BBC HARDWARE LTD  (Defendant)

And

SUNCORP GENERAL

INSURANCE LTD  (Third Party)

FILE NO/S: 

Plaint 22 of 1998

DIVISION: 

Civil

PROCEEDING: 

Chamber Application

ORIGINATING

District Court Queensland

COURT:

DELIVERED ON: 

5th April 2001

DELIVERED AT: 

Ipswich

HEARING DATE: 

8th September 2000

JUDGE: 

Judge Richards

ORDER: 

The order of the Court is:

[1]	the plaintiff’s application to join the third party as second defendant and issue proceedings nunc pro tunc is refused;
[2]	the defendant’s application for abridgement of time is granted
[3]	the defendant’s application to strike out proceedings or alternatively for summary judgement is refused;
[4]	the defendant is granted leave to file and serve a third party notice and statement of claim against WorkCover Queensland;
[5]	the third party’s application for summary judgment is granted;
[6]	the plaintiff is ordered to pay the costs of the application to join the third party as second defendant. The defendant is ordered to pay the plaintiff’s costs of the defendant’s application for summary judgement. The defendant is ordered to pay the third party’s costs of the third party’s application for summary judgment. WorkCover is ordered to pay the defendant’s costs of the application to join WorkCover as a third party together with all costs ordered to be paid by the defendant arising out of these applications.

CATCHWORDS: 

Personal injury; motor vehicle accident; leave nunc pro tunc;
Practice: non compliance with rules; parties to actions; application
for leave

CASES CITED: 

Bryant v Queensland Rail [2000] QSC 81 (13th April 2000),
Cooling v Nelson 2 Qd R (1999) 231
Evans v Transit Australia Pty Ltd 2000 QDC 39
Hardacre v Johnson, Queensland District Court, No. 5102 of
1997 (27th January 1998)
Horinack v Suncorp Metway Insurance Limited [2000] QCA
441.
Jenkins v Clark, Queensland District Court, No. 4433 of 1997
(29th January 1998),
Leyshon v Sekulla, Queensland District Court, Plaint No. 193
of 1998 (4th September 1998)
McCauley v Tradelink Plumbing Supplies, Queensland
District Court No. 2666 of 1998 (5th February 1999),
McKelvie v Page (1999) 2 Qd R 259

Peter John Sweeney v Volunteer Marine Rescue Currumbin
Inc Defendant & Ors [2000] QCA 455, (6th November 2000)

The White Group International Limited v Suncorp General
Insurance Limited (2000) QDC 037.

COUNSEL: 

G. Mullins for plaintiff; S. Williams QC for respondent
Suncorp; K. Wilson for respondent WorkCover Queensland;
P. DePlater for defendant

SOLICITORS: 

Peter Chappell for plaintiff; Quinlan Miller Treston for
respondent Suncorp; Heiser, Bayley, Mortensen for
respondent WorkCover Queensland; Allen, Allen & Hemsley
for defendant.

1. The plaintiff was injured on 2nd February 1996 whilst working for the defendant,

BBC Hardware. It appears that there had been a period of heavy rain and he drove

the defendant’s Isuzu truck through a washout on the road. The truck bottomed out,

and the seat upon which he was sitting collapsed thereby causing injury.

On 14th April 1998 the plaintiff commenced a claim…