SUPREME COURT OF QUEENSLAND
CITATION:
WorkCover Queensland v Amaca Pty Limited and Anor [2011] QSC 282
PARTIES:
WORKCOVER QUEENSLAND
(Plaintiff)v
AMACA PTY LIMITED (ACN 000 035 512)
(First Defendant)and
SELTSAM PTY LTD (ACN 000 003 734)
(Second Defendant)FILE NO/S:
BS 5399 of 2007
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
5 October 2011
DELIVERED AT:
Brisbane
HEARING DATE:
2 September 2011
JUDGE:
Boddice J
ORDER:
The parties are to prepare minutes of orders in accordance with these reasons.
CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – PARTICULARS – where the second defendant seeks further and better particulars to ascertain details of any positive case asserted by the plaintiff – where that application is opposed by the plaintiff on the basis it has sufficiently particularised its case – whether the particulars sought are in the nature of interrogatories – whether the present pleading sufficiently identifies the case the second defendant is to meet
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – OTHER MATTERS – where the plaintiff seeks further and better disclosure from the second defendant pursuant to either rr 211 and 223(1) and (4) of the UCPR or alternatively r 367 of the UCPR – where the plaintiff submits the documents sought tend to prove or disprove an allegation in contention in the pleadings – where the plaintiff submits the documents sought will be in the possession or control of the respondent – where the second defendant submits the application amounts to a fishing expedition – whether the making of an order for further and better disclosure would be oppressive in all of the circumstances
Uniform Civil Procedure Rules 1999 (Qld)
Amaca Pty Ltd v Hannell [2007] WASCA 158
Company Solutions (Aust) Pty Ltd v Keppell Cairncross Shipyard Ltd [2004] QSC 379
GW Young and Co Ltd v Scottish Union and National Insurance Company (1907) 24 TLR 73
Julia Farr Services Inc v Hayes [2003] NSWCA 37
Mercantile Mutual Custodians Pty Ltd v Village/Nine Network Restaurants & Bars Pty Ltd [2001] 1 Qd R 276
Seltsam Pty Ltd v McNeill [2006] NSW CA 158
Visionmax Pty Ltd v Budget Specks (Franchising) Pty Ltd [2006] FCA 222
COUNSEL:
K Holyoak for the plaintiff
TGR Parker, SC for the defendants
SOLICITORS:
Bruce Thomas Lawyers for the plaintiff
CLS Lawyers for the defendants
WorkCover Queensland (“WorkCover”) claims recovery, by way of statutory indemnity, of workers compensation benefits paid to Rex Noel Thomson. By application filed 30 August 2011, the second defendant, Seltsam Pty Ltd (“Seltsam”) sought further and better particulars of WorkCover’s claim. By application filed 31 August 2011 WorkCover seeks further and better disclosure from Seltsam. Each application is opposed.
The claim
WorkCover alleges that between 1947 and 1983 Thomson inhaled asbestos in the course of building work, from using products made by James Hardie and Wunderlich. Amaca Pty Limited (“Amaca”) is…
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- Case
- [2011] QSC 282
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the particulars sought by the second defendant and whether they were akin to interrogatories, which are generally not permitted in pleadings. It also assessed whether the plaintiff's pleadings adequately identified the case the second defendant needed to prepare for. The court found that the plaintiff's pleadings, while not exhaustive, were sufficient to inform the second defendant of the allegations it faced and did not warrant the level of specificity requested. Furthermore, the court considered the plaintiff's application for further and better disclosure, scrutinising whether the documents sought were pertinent to proving or disproving the allegations in the pleadings and whether the application constituted a fishing expedition. The court ruled that the plaintiff's request for further disclosure was not oppressive and was necessary to substantiate the claims made, but it also cautioned against allowing fishing expeditions.
In light of the court's findings, it dismissed the second defendant's application for further and better particulars and allowed the plaintiff's application for further and better disclosure, subject to certain conditions to prevent the proceedings from becoming overly burdensome. The court emphasised the importance of clarity in pleadings and the necessity for parties to provide sufficient information to enable a fair trial while avoiding excessive demands on the opposing party.
Orders
Orders of the court
The parties are to prepare minutes of orders in accordance with these reasons.
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
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