Kinsella v Gold Coast City Council

[2014] QSC 65

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Representative proceedings
3. › Same interest requirement
4. › Whether represented persons have same interest as plaintiff
5. › Whether common issues of fact and law sufficient
6. › Whether relief must equally affect all represented persons
7. › Uniform Civil Procedure Rules 1999 (Qld), r 75
1. Practice and Procedure
2. › Representative proceedings
3. › Available relief
4. › Whether declarations determining some but not all elements of causes of action are permissible
5. › Whether interlocutory declarations impermissible
6. › Distinction between interim declarations and declarations made in course of proceedings that finally determine an issue
1. Practice and Procedure
2. › Representative proceedings
3. › Damages claims
4. › Whether damages may be pursued in representative proceedings
5. › Whether general rule against damages in representative proceedings exists
1. Tort
2. › Nuisance
3. › Private nuisance
4. › Whether public knowledge of escape of noxious material to nearby land constitutes actionable nuisance
5. › Whether actual interference with use and enjoyment of each plaintiff's land required

Quick Take

Representative proceedings under r 75 UCPR (Qld) may be maintained for negligence claims seeking damages for diminution in property value from stigma, even where the quantum of loss differs between represented parties, provided there are common issues of fact and law and declaratory relief can bind the class. Declarations determining some but not all elements of causes of action are permissible provided they finally determine the issues they address. A nuisance claim based on escape of noxious material to 'adjoining and nearby land' without alleging actual interference with each plaintiff's lot is defective.