Anderson v Claytons Towing Service Pty Ltd & Ors

[1] Judgment in this matter was given on 5 March 2026.[1]

[2] On 10 March 2026 the parties submitted that amendments should be made to orders 1 and 2 pursuant to r 388 of the Uniform Civil Procedure Rules 1999 (Qld).

(1) Judgment for the plaintiff against the first defendant in the sum of $546,175.09.

(2) Judgment for the plaintiff against the third defendant in the sum of $1,970,874.41.

[4] The parties submitted that order 1 did not adequately credit the first defendant for the amount it had already contributed to the judgment sum, namely, the refund of $303,177.20.

[5] The parties submitted that their proposed orders will take into account one half of the gross assessed damages against the first defendant, namely, $697,763.69, reduced by the amount of the refund ($303,177.20) which, in effect, has already been paid to the plaintiff, to arrive at the amount the first defendant should properly contribute to the judgment, which is $394,586.49.

[6] The parties have also proposed that the orders be varied to adopt the formula of words used in the orders made in Reddock v ST&T Pty Ltd & Anor[2] and which comply with s 6 of the Law Reform Act 1995 (Qld).

[7] The error made in orders 1 and 2 was accidental. I am satisfied that r 388 of the UCPR permits the amendments sought.[3]

1. Judgment for the plaintiff against the first defendant in the sum of $1,092,350.18 clear of the WorkCover refund of $303,177.20.
2. Judgment for the plaintiff against the third defendant in the sum of $2,517,049.50.
3. It is declared pursuant to section 6(c) of the Law Reform Act 1995 that liability in respect of the plaintiff's damages be apportioned 50 per cent against the first defendant and 50 per cent against the third defendant.
4. It is further ordered that:

(a) Should the first defendant pay the said sum of $1,092,350.18 clear of the WorkCover refund of $303,177.20 to the plaintiff, it shall then be entitled to recover by way of contribution the sum of $697,763.69 from the third defendant whose liability to the plaintiff in respect of the said sum of $697,763.69 shall be discharged by such recovery.

(b) Should the third defendant pay the said sum of $2,517,049.50 to the plaintiff, it shall then be entitled to recover by way of contribution the sum of $394,586.49 from the first defendant, whose liability to the plaintiff in respect of the said sum of $394,586.49 shall be discharged by such recovery.

[1] Anderson v Claytons Towing Service Pty Ltd & Ors [2026] QSC 26.

[2] [2022] QSC 293.

[3] Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [No 2] [2024] QCA 220 at [3]- [6].