Broderick v Evans Deakin & Company Pty Ltd & Ors [2010] QDC 327

1-1 [2010] QDC 327 DISTRICT COURT CIVIL JURISDICTION JUDGE ROBIN QC No 2520 of 2008 PETER WILLIAM BRODERICK Plaintiff and EVANS DEAKIN & COMPANY PTY LIMITED & ORS Defendants BRISBANE ..DATE 13/08/2010 ORDER CATCHWORDS Uniform Civil Procedure Rules, s 69, r 70 Circumstances in which of proposed new party fails to appear to resist the application to join tended to strengthen the application -- 1 of 3 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The court makes an order under rule 69 of the Uniform Civil Procedure Rules in terms of the initialled draft which has the effect of adding a fourth third party, Wallaby Grip Ltd, at the behest of the second and third defendants. They face the plaintiff's claim for damages arising out of his exposure to asbestos while employed at the old Evans Deakin shipyard at Kangaroo Point for 26 years from 1950. The second and third defendants represent the employer. Third party proceedings have been commenced against manufacturers and suppliers of the relevant asbestos products. The addition of the fourth third party arises because information now available suggests that the second and third third parties, which one can easily conclude are associated companies, did not participate in the supply of relevant products until about 1967. The applicants, as required under rule 70 of the UCPR, have served all existing parties and the proposed new fourth third party. All except for the last mentioned have indicated their consent to the orders being made. No such consent has come from the proposed fourth third party, which has not appeared today when called, although served. -- 2 of 3 -- 1-3 ORDER 1 10 20 30 40 50 60 The firm of solicitors representing the second and third third parties have, in writing, confirmed their instructions to accept service, also that they lack instructions from the proposed new party to consent to the order. In the circumstances, as outlined above, it is appropriate that that order be made. One of the factors is that the fourth third party has failed to take up the opportunity, which it had, to appear today to contend that its addition as a party would be inappropriate. ----- -- 3 of 3 --