Cairns Earthmoving Contractors Pty Ltd v Cairns City Council [2005] QSC 105

State Reporting Bureau feoos] l°5" Queensland Government Department of justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 21 April, 2005 Respondent/Plaintiff Applicant/Defendant CAIRNS .. DATE 20/04/2005 JUDGMENT Application No 154 of 1998 CAIRNS EARTHMOVING CONTRACTORS PTY LTD ACN 010 025 831 and CAIRNS CITY COUNCIL WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal )ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for heir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those :ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 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. 20042005 T2/MNH M/T CNS1/2005 (Jones J) 2 JUDGMENT -- 2 of 3 -- 20042005 T2/MNH M/T CNS1/2005 (Jones J) 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. 3 JUDGMENT -- 3 of 3 --