Plaintiffs often join multiple parties to a claim where
it is uncertain as to who the relevant Defendant should be. In
factually complex cases it is often left open to the Court to
decide liability and the responsible Defendant. The recent decision
of Bradfield v Moreton Bay Regional Council [2016] QDC 67
("Bradfield") affirms that the threshold for release from
a claim is set high by the Court.
"The Plaintiff . . . fell into a manhole . . .
The manhole was usually covered by a heavy concrete collar and
steel lid, but these had been dislodged and were found nearby. It
was unclear how the collar and lid had become dislodged or which
party was at fault."
In Bradfield, McGill SC DCJ found that Moreton Bay
Regional Council could not be released from the action involving
five parties in circumstances where the Plaintiff was unable to
identify the relevant Defendant, notwithstanding a lack of evidence
against the Council. This case highlights that even if there is
