Luck v Hunter

AND: CSR LIMITED (BRADFORD INSULATION GROUP), CSR EXCELLENT DESIGN PTY LTD, BRADFORD INSULATION INDUSTRIES PTY LIMITED, B I (CONTRACTING) PTY LIMITED, BRADFORD INSULATION (SA) PTY LIMITED, CRS (GEOMATICS) PTY LTD, INSULCO PTY LTD/TASMAN INSULATION AUSTRALIA PTY LIMITED, ACI PTY LTD, ACI WORLDWIDE (PACIFIC) PTY LTD, ACI PINK SUPERBATTS, PETER JAMES HAYES, WATTLEFIELD PTY LTD, PYNEBOARD PTY LTD, AUSTRALIAN GYPSUM LTD, AUSTRALIAN GYPSUM INDUSTRIES LTD, PLASTERGLASS PTY LTD, STANDARD PLASTERGLASS PTY LTD, PILKINGTON (AUSTRALIA) PROPERTIES LIMITED, PILKINGTON ACI LIMITED, PILKINGTON ACI OPERATIONS PTY LTD, PILKINGTON AUSTRALASIA LIMITED, PILKINGTON (AUSTRALIA) LIMITED, OWENS CORNING AUSTRALIA PTY LIMITED, ACI FIBREGLASS/ACI INSULATION, ACI FIBREGLASS LIMITED/ACI INSULATION, INSULATION SOLUTIONS PTY LTD, ACI GLASS INSULATORS PROPRIETARY LIMITED, ACI SISALATION PTY LTD/SISALATION PTY LTD, ACI OPERATIONS PTY LTD, INSULFLUF AUSTRALIA PTY LTD, AMATEK LIMITED, ROCLA LIMITED, MR K G WIENEKE, MRS J WIENEKE, CEILFIX PTY LTD, CEILFIX PTY LIMITED, CEILFIX BUILDING SERVICES PTY LTD, COLIN CAMERON

REASONS FOR JUDGMENT 1 The applicant has not appeared today although there seems to be no doubt that she is aware of the hearing. Mr Simpson, her parish priest has sought to appear on her behalf. I have not given leave because firstly, it seems inappropriate that a lay person appear and secondly, there is no evidence of his authority to act. 2 He indicated that the applicant has asked him to find out whether or not the matter might be stayed pending an application for special leave to appeal to the High Court against the order transferring the matter to the Brisbane Registry. The applicant has also asked through Mr Simpson that this matter be stood over until she can appear in person as she has conscientious objections to appearing by video or by telephone. 3 I have indicated that as I consider the prospects of success of her application for special leave to appeal to be nil, I am not willing to entertain an application to stay the matter pending proceedings in the High Court. I refuse that application. As to her appearance, there seems to be no option other than video or telephone link, unless the applicant is willing to come to Brisbane for directions hearings. I understand that she is not able to do that for financial reasons and therefore she must, in my view, use the electronic means which the Court has made available to her. No basis is shown for her alleged conscientious belief concerning these means of communication, nor would it be practicable for the Court to give recognition to such an unusual belief. In the circumstances, the matter must proceed in the absence of the applicant. 4 There is a notice of motion filed on 24 October which seeks a substantial amount of relief, including an order that I disqualify myself because I am directly responsible for an act of torture against the applicant. As the applicant does not appear to prosecute that motion, it is dismissed. There is a motion that the hearing be vacated or adjourned. No ground is demonstrated, and that is dismissed. 5 The applicant does not appear to prosecute the motion to join further respondents, and so that motion is dismissed. The motion for leave to amend is not prosecuted. It is dismissed. The motion for transfer to Victoria is inconsistent with the decision of Weinberg J and that of the Full Court. Although I could revisit the matter, it would only be proper for me to do so if changed circumstances were demonstrated. That has not been done. That motion is dismissed. 6 Paragraph 6 of the notice of motion makes no sense. Paragraph 7 relates to pleadings which will be dealt with separately in any event. Paragraph 8 relates to discovery. I see no reason to address either par 7 or 8 in view of the absence of the applicant. Similar comments relate to pars 9 and 10, 11, 12, 13 and 14. In the circumstances all aspects of the motion are refused. 7 I order the applicant to pay the costs of the respondents appearing today to oppose the motion. 8 I further order that any respondent proposing to apply to strike out the statement of claim or any part thereof file and serve an appropriate motion on or before 10 November. The matter will be listed for further directions on 7 December. In the event that any party has served a notice of motion accordingly, it will be listed for argument on that day. Extend the time for each respondent to file a defence to a date to be fixed. Costs are reserved save to the extent that I have otherwise disposed of them. I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.