Ure v Pirana Qld Pty Ltd
[2013] QCAT 624
| CITATION: | Ure v Pirana Qld Pty Ltd & Anor [2013] QCAT 624 |
| PARTIES: | Lynn Ure (Applicant) |
| v | |
| Pirana Qld Pty Ltd (First Respondent) | |
| Steve Ferguson (Second Respondent) |
| APPLICATION NUMBER: | MCDO0435-13 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 23 October 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Davern |
| DELIVERED ON: | 1 November 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Application for a party to be joined is refused. 2. It is to be a discretionary matter of the mediator on 28/10/13 as to what extent if any, that NTI may engage in that process. |
| CATCHWORDS: | Minor Civil Dispute – Application for Joinder of Parties – refused |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
NTI Limited is identified as the first Respondent’s insurer.
The Applicant’s details of claim indicate that a Mr Steven Campbell (Director of Pirana Qld Pty Ltd) was at or near the scene at the time of the incident, and directly discussed the matter with the Applicant and exchanged information with her immediately thereafter.
In the circumstances it seems ideal that Mr Campbell should be a direct participant in any mediation process, not only in representing the Respondent company but also as a person who was at the scene.
There is no necessity or sufficient justification at this time for the insurer to be added as a party. It is for the mediator to gauge if the attendance of NTI is a necessary ingredient in resolving the dispute.
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