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Cairns Earthmoving Contractors Pty Ltd v Cairns City Council

 

[2005] QSC 105

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 154 of 1998

CAIRNS EARTHMOVING CONTRACTORS PTY LTD ACN 010 025 831

Respondent/Plaintiff

and

 

CAIRNS CITY COUNCIL

Applicant/Defendant

CAIRNS

DATE 20/04/2005

JUDGMENT

HIS HONOUR: By this application Cairns City Council seeks leave to institute a third party claim for indemnity or contribution against two parties, namely Connell Wagner Pty Ltd, the first proposed third party, and Connell Wagner (Qld) Pty Ltd, the second proposed third party.

The action brought by Cairns Earthmoving Contractors Pty Ltd against Cairns City Council is one for damages for breach of contract and/or negligence and/or restitution arising from the performance of an agreement between the parties, and it concerns the work undertaken for the drainage of the O'Leary's Creek diversion and catchment area. The plan for the management of these works was prepared by the proposed third parties or either of them or various parts of the work was undertaken by either of those different entities.

This action is similar in its terms to another proceeding in this Court commenced by Vamgold Pty Ltd in which the proposed third parties here were named as defendants in that action. The rules provide for the commencement of third party proceedings if such proceedings are necessary for the proper disposition of all the issues. Given that the proposed third parties are in fact defendants in an allied action where the same disputed issues will be determined, it seems appropriate that the applicant be given leave to join the proposed third parties in this action so that each action proceed with all necessary parties present.

I give leave therefore to the defendant to institute third parties and I will make orders in terms of the draft initialled by me and placed with the papers.

Close

Editorial Notes

  • Published Case Name:

    Cairns Earthmoving Contractors Pty Ltd v Cairns City Council

  • Shortened Case Name:

    Cairns Earthmoving Contractors Pty Ltd v Cairns City Council

  • MNC:

    [2005] QSC 105

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    20 Apr 2005

Litigation History

No Litigation History

Appeal Status

No Status