Reference no: EM133500106

Case: The matter is continuing as a single proceeding and the claim against Busey maintains the allegations that the retaining wall was negligently constructed. In an amended Statement of Claim, the plaintiff alleges not only that Busey negligently failed to consult Clinton before undertaking the work but also that the construction of the wall was negligent in that Busey failed to install adequate footings for the wall or use appropriate grade concrete for the task.

Busey has provided you with some important pieces of information.

First is a policy of liability insurance that forms part of a contract between himself and an insurance company called Do That Stuff Insurance Pty Ltd, a company whose registered address is 181 Peaphunk Pde Sydney, New South Wales. The policy covers Busey for liability of his business for property damage or injury caused to another person or business from selling, supplying or delivering goods associated with the business. Do That Stuff Insurance have written to Busey indicating a refusal to cover Busey for any of the damages claimed in relation to dealing with the property without an owner's consent.

Second is the fact that Busey has had to repair two patios and a swimming pool which he recently constructed for other customers using a batch of concrete that he purchased in bulk from a regular concrete supplier called 'Mothership Concrete' in July 2020. It appears that the concrete used in those jobs was deficient as there are unnecessary cracks appearing in those projects. This batch of concrete was the same batch as what was used to construct the retaining wall at 75 Parliament St, Currumbin. Mothership Concrete is an unregistered business located at 1 Down St Upper Coomera, Queensland. The owners of the business are currently unknown.

Third is the fact that Busey is still owed $25,000 by Wizard of Finance Pty Ltd, the final instalment of the $75,000 contract price for the construction of the retaining wall. Wizard of Finance Pty Ltd is a company with registered address at 38 Flashlight Tce, Ipswich, Queensland. It has two directors who also reside in Queensland: Mahlia Franklin and Simon Calvin.

Indicate:
Question 1: the causes of action that Busey has against any of the parties mentioned,

Question 2: whether it is possible and how it may be possible under the UCPR to include those parties and causes of action in the current proceedings; and

Question 3: how those parties should be served with the relevant court docdocuments