Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1996] FCA 100

CATCHWORDS PRACTICE AND PROCEDURE - Leave to appeal - proposed joinder and cross-claims - whether judgment under consideration attended with sufficient doubt - whether substantial injustice if leave refused - leave refused. JOINDER OF PARTIES - Proposed joinder of State of Queensland - claim for damages by second and third respondents - no pleaded reliance upon alleged advice in circumstances where such reliance is said to give rise to liability on the issues - proximity - no cause of action pleaded against State of Queensland giving rise to a duty of care. CONTRIBUTION AND INDEMNITY - Proposed claim for contribution under s5(c) Law Reform (Tortfeasors Contribution, Contributory Negligence and Division of Chattels) Act 1952 (Qld) - foreseeable loss and damage caused by alleged tortious conduct of the first, second and third respondents different from that caused by alleged tortious conduct of proposed cross-claimants - loss and damage additional - occasioned independently of conduct of first, second and third respondents. Law Reform (Tortfeasors Contribution, Contributory Negligence and Division of Chattels) Act 1952 (Qld) s5(c) Dillingham Constructions Pty Ltd v Steel Mains Pty Ltd (1975) 132 CLR 323 Mahoney v J Kruschich (Demolitions) Pty Ltd (1985) 156 CLR 522 at 527 - Appl Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - Appl Jarrett v Seymour (1933) 46 FCR 557 - Appl Gardiner v Henderson & Lahey [1988] 1 QdR 125 - Distg British Westinghouse Electric and Manufacturing Company Limited v Underground Electric Railways Company of London, Limited [1912] AC 673 - Appl Makhoul v Barnes (Unreported, Federal Court of Australia (FC) Hill, Cooper and Branson JJ, 24 November 1995) - Refd Arthur Henry Grundy and Rita Nell Grundy v John Bertram Lewis, Headship Pty Ltd, Chamberg Pty Ltd and Graham Arthur Schmidt and Peter Thomas Maker No. QG168 of 1993 Cooper J, Brisbane, 29 February 1996