Third party claim defeated due to defendant's delay

In brief - Defendants must take appropriate formal steps in third party proceedings

In Medina v Electro Industry Group Queensland Ltd and Anor [2016] QSC 143, Justice Martin of the Supreme Court of Queensland found that there had been an inexcusable delay resulting in prejudice in the third party proceedings commenced by Electro Industry Group Queensland Ltd (EIG) against O'Donnell Griffin Pty Ltd (ODG). ODG sought a declaration that EIG may not take a step in the proceedings or, alternatively, an order dismissing the third party proceeding for want of prosecution. The Court found in ODG's favour and the third party proceedings were struck out.

Rule 389 of Uniform Civil Procedure Rules considered, as well as if "proceeding" can mean third party proceeding