Whiteside Constructions (Qld) Pty Ltd v Carroll Trucks Pty Ltd
[2014] QDC 13
•30 January 2014
DISTRICT COURT OF QUEENSLAND
CITATION:
Whiteside Constructions (Qld) Pty Ltd v Carroll Trucks Pty Ltd & Anor [2014] QDC 13
PARTIES:
WHITESIDE CONSTRUCTIONS (QLD) PTY LTD
ACN 060 616 748
(plaintiff)v
CARROLL TRUCKS PTY LTD
ACN 069 934 201
(first defendant)and
BRIAN DANIEL CARROLL
(second defendant)FILE NO/S:
3593/12
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court, Brisbane
DELIVERED ON:
30 January 2014
DELIVERED AT:
Brisbane
HEARING DATE:
On the papers
JUDGE:
Reid DCJ
ORDER:
Application dismissed.
SOLICITORS:
Hede Byrne & Hall Pty Ltd for both defendants.
The plaintiff claims damages under the provisions of the Competition and Consumer Act (Cth) or alternatively damages pursuant to a number of different causes of action. The defendants have each filed a defence and a reply has also been filed.
The application before me is by the defendants for orders pursuant to r 320(a) of the Uniform Civil Procedure Rules (“UCPR”) that the parties be directed to attend mediation of the matter and for ancillary orders.
The applicants’ solicitors propose that the application be determined without an oral hearing pursuant to the provisions of Part 6 of Chapter 12 of the UCPR. The applicants’ solicitors have filed and rely upon an application, an affidavit of a solicitor, John Frederick Wiedman, and submissions in support of the application. I have also been provided with a copy of a proposed draft order.
Unfortunately, I am unable to determine the merits of the matter. There is nothing on the file to indicate that any of the material has been served on the respondent/plaintiff. The fact that an application is to be determined on the papers does not obviate the need to serve the material on which a party relies. If such a matter was not inherently obvious, it is made clear by the provisions of r 490(2) of the UCPR.
In the circumstances I am unable to consider the merits of the application, and the application is dismissed.
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