Workcover Queensland v Wallaby Group Limited

DISTRICT COURT OF QUEENSLAND

CITATION:

Workcover Queensland v Wallaby Group Limited & Anor [2020] QDC 154

PARTIES:

WORKCOVER QUEENSLAND

(Plaintiff)

v

WALLABY GRIP LIMITED

(First Defendant)

and

WALLABY GRIP (BAE) PTY LIMITED (IN LIQUIDATION)

(Second Defendant)

FILE NO/S:

437 of 2019

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

10 July 2020

DELIVERED AT:

Brisbane

HEARING DATE:

21 April 2020

JUDGE:

Richards DCJ

ORDER:

1.   Application to withdraw the deemed admissions to Questions 1 to 4 of the Notice to Admit Facts allowed.

2.   Questions 6 to 9 of the Notice to Admit Facts be struck out.

3.   Application to strike out paragraphs 15 and 16 of the respective defences is dismissed.

4.   Application for discovery adjourned to a date to be fixed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ADMISSIONS – WITHDRAWAL – where the lawyers for the first and second defendants received a notice to admit facts - where the lawyers for the first and second defendants inadvertently neglected to respond to the notices to admit facts within the required timeframe – where the first and second defendant’s lawyers sought confirmation from the plaintiff that Workcover Queensland would not rely on the notices to admit facts as they were objectionable – where the plaintiff confirmed they were deemed admissions – whether counsel for the first and second defendants are able to set aside the deemed admissions on the bases that the admissions are either too wide or matters of law

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – STRIKING OUT – GENERALLY – where the applicant seeks to strike out paragraphs 15 and 16 of the respective defences – where the applicants argument turns on an interpretation of s 207B of the Worker’s Compensation and Rehabilitation Act 2003 – where the applicants argue that any injury that materially contributes to the injury is covered by the section –where the determination of the interpretation of the Act will depend on the final findings of fact – whether relevant findings of fact can be determined prior to trial

Legislation

s 207B Worker’s Compensation and Rehabilitation Act 2003

s 189 Uniform Civil Procedure Rules 1999

Cases

Ridolfi v Rigato Farms Pty Ltd (2001) 2 Qd R 455 at 459

COUNSEL: 

K F Holyoak for the Plaintiff

G W Diehm QC and T Moisidis for the first and second Defendants

SOLICITORS: 

BT Lawyers for the plaintiff

Zambra Legal for the first and Second Defendants

1. The first and second defendants have filed an application asking that notices to admit facts served by the plaintiff and dated 19 August 2019 be set aside on the grounds that:

(a)        paras 6 to 9 seek admissions of law and not fact;

(b)        paras 1 to 5 are so ambiguous including with respect to the facts in issue on the pleadings as to make their use in the trial prejudicial to the efficient conduct of the litigation; and

(c)        it is otherwise in the interests of…