Witcombe v Jordin

In the Supreme Court of Queensland, Paul and Anne Witcombe sued Belinda Jordin and Zurich Australian Insurance Limited for damages resulting from a fire that destroyed their home. The plaintiffs were subrogated by their insurer to pursue the claim in the insured's name. Belinda Jordin, the alleged negligent party, was house-sitting the Witcombe residence when a heater ignited bedclothes, causing the fire. Zurich Australian Insurance Limited, Jordin's insurer, denied liability on the basis that Jordin was physically in control of the premises at the time of the incident, an exclusion in the insurance policy.

The court had to decide whether the case should be referred to case appraisal or mediation. The plaintiffs argued that the first issue—whether Jordin had physical control of the house—should be appraised, while the second defendant suggested mediation for both issues. The court found that the first issue had a legal point that could benefit from appraisal, whereas the second issue was potentially contentious and better suited to mediation.

The court ordered that the parties participate in a case appraisal to determine whether Jordin had legal or physical control of the house, followed by mediation. The case appraiser and mediator was to be Mr R.G. Bain, QC. The costs of the appraisal and mediation were to be split equally between the parties. The plaintiffs and the insurer had to provide all necessary documents for the appraisal and pay their respective shares of the case appraiser's fees and the costs of the appraisal and mediation. The costs of the application were to be costs in the cause.