Wright v KB Nut Holdings Pty Ltd

[2010] QDC 91

DISTRICT COURT OF QUEENSLAND

CITATION:

Wright v KB Nut Holdings Pty Ltd [2010] QDC 91

PARTIES:

ROBYN JOY WRIGHT

Applicant

AND

KB NUT HOLDINGS PTY LTD

Respondent

FILE NO/S:

OA 3567/09

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

19 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

25 January 2010

JUDGE:

McGill DCJ

ORDER:

Order that the respondent within 21 days provide the following information to the extent that it is in the respondent’s possession, verified by statutory declaration:
(a)       the time at which the inspection on 18 April 2009 referred to in the affidavit of Mr Kallis on behalf of the respondent took place;
(b)      full particulars as to the outcome of that inspection, that is, details of what was found on that inspection;
(c)       whether any hypodermic needles or other drug related utensils were found during the course of that inspection; and
(d)      whether any records were kept of that inspection.
Application otherwise dismissed.
No order as to costs.

CATCHWORDS:

NEGLIGENCE – Personal Injuries – pre-litigation procedures – obligation to disclose information – scope of – whether failure to comply

Personal Injuries Proceedings Act 2002 s 27(1)(b)(i)

Aroutsidis v Illawarra Nominees Pty Ltd (1990) 21 FCR 500 – cited.
Australia Meat Holdings Pty Ltd v Higgs [2006] QDC 81 – cited.
Broadhead v State of Queensland [2006] QDC 273 – considered.
Commissioner for Railways v Beach (1938) 12 ALJ 39 – cited.
Haug v Jupiters Ltd [2008] 1 Qd R 276 – applied.
Haug v Jupiters Ltd [2007] QSC 68 – followed.
Hill v Kirsten Bay Pty Ltd [2009] QDC 68 – not followed.
Jackson v Vaughan [1966] 2 NSWR 147 – cited.
Lahrs v Eichsteadt [1961] Qd R 457 – cited.
Oliver v Mulp Pty Ltd [2009] QSC 340 – followed.
Pomery v Rural Hotels Pty Ltd (1973) 5 SASR 191 – cited.
RACQ-GIO Insurance Ltd v Ogilvie [2002] 1 Qd R 536 – applied.
Wirth v Tuckey [1949] QWN 42 – cited.
Wolski v ALH Group Pty Ltd [2009] QDC 202 – considered.
Woolworths Ltd v Graham [2007] QDC 301 – followed.

COUNSEL:

R.D. Green for the applicant

The respondent appeared in person

SOLICITORS:

Shine Lawyers for the applicant

The respondent was not represented

1. This is an application for an order under s 35(1) of the Personal Injuries Proceedings Act 2002 (“the Act”) that the respondent provide certain information sought by the applicant, which the applicant submits the respondent is required to provide by s 27(1)(b) of the Act.

1. By a letter dated 16 October 2009 the solicitors for the applicant sought the information identified in seven paragraphs, verified by way of statutory declaration.[1]  The respondent has provided certain information in the form of an affidavit by Mr Kallis who deposed to being the sole director of the respondent at the relevant time,[2] but the applicant submits that not all of the information sought has been provided, and seeks specifically a response to paragraphs 3(a), (c), (d), and (e), 6 and 7 of…