A M Haydon v M B Gread

[2000] QSC 334

SUPREME COURT OF QUEENSLAND

CITATION:

A M Haydon v M B Gread [2000] QSC 334

PARTIES:

ANNE MARIE HAYDON
(applicant)
v
MICHAEL BRIAN GREAD
(respondent)

FILE NO:

9591 of 1998

DIVISION:

Trial Division (Brisbane Registry)

DELIVERED ON:

29 September 2000

DELIVERED AT:

Brisbane

HEARING DATE:

31 July 2000

JUDGE:

Mackenzie J

ORDER:

1.  That leave to join Traffic Accident Commission (Victoria) is granted.
2.  That the writ is renewed for such periods as are necessary to enable it to remain in force for one year from the date of this order.
3.  That the plaintiff serve an amended writ upon Traffic Accident Commission (Victoria) forthwith,
4.  That the plaintiff deliver to Traffic Accident Commission (Victoria) information appropriate to a dependency claim by completing fully a Motor Accident Fatal Injury Notice of Claim within one month of the date of this order.
5.  That the plaintiff pay the costs of Traffic Accident Commission (Victoria) of and incidental to the application to be assessed, payment of such costs to be postponed until completion of the action.

CATCHWORDS:

INSURANCE – MOTOR VEHICLE – LIABILITY – DEPENDANCY CLAIM – approved form – fatal injury claim “purportedly given” – deficiency in detail – need for notice of defects - limitation period – joining insurer after period expires.

Limitation of Actions Act 1974, s 11
Motor Accident Insurance Act 1994, s 4, s 34, s 37(1),(2); s 39(1),(3), (5)(a), (b), (c); s 52(1)

Brannigan v Nominal Defendant (1999) QCA 347
Bryant v Queensland Rail (2000) QSC O81)
De Innocentis v Brisbane City Council (1999) QCA 404
Johnstone v Brisbane City Council (2000) QSC 078
QBE v Nominal Defendant (1999) QCA 493
Kammerman v South Australian Planning Commission (1986) 61 LGRA 99
Young v Keong (1999) 2 QdR 335

COUNSEL:

A J Williams for the applicant
P Ambrose for the respondent

Phillips & Lowes for the applicant
Quinlan, Miller & Treston for the respondent

1. MACKENZIE J:  The plaintiff is the widow of a man who died in a collision with a semi-trailer driven by the defendant on 18 October 1995.  She has brought dependency proceedings.  The writ filed on 15 October 1998, three days before expiry of the limitation period, names the driver of the vehicle as defendant but does not comply with the Motor Accident Insurance Act 1994 because it does not join the insurer as required by s 52(1) of the Act.

1. The present application seeks leave to join the insurer Traffic Accident Commission (Victoria), as defendant.  There was also an oral application for an order, if necessary, to renew the writ. 

1. Notice under s 34 of the Motor Accident Insurance Act 1994 was given on or about 13 December 1995. On 17 June 1996, within the nine month period prescribed by s 37(2) of the Act, a document purporting to be notice of claim under s 37(1) was given to the Traffic Accident Commission.

1. After correspondence between the plaintiff’s solicitors as to whether Quinlan, Miller & Treston were acting for the Commission, Miss…