Anderson v AAI Limited

[2014] QDC 127

DISTRICT COURT OF QUEENSLAND

CITATION:

Anderson v AAI Limited & Anor [2014] QDC 127

PARTIES:

MARK JAMES RICHARD ANDERSON
(applicant)

v

LANCE WILSON
(first respondent)

and

AAI Limited
(ACN 005 297 807)
(second respondent)

FILE NO/S:

3748 of 2013

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

30 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

22 April 2014

JUDGE:

Reid DCJ

ORDER:

1.          The limitation period is extended to 29 January 2014.

2. Direct that the parties confer with a view to agreeing upon the form of orders as discussed during the hearing including any orders under ss. 39 or 57 of the MAIA. If agreement cannot be achieved, the matter may be listed before me upon either party giving three days written notice to the other.

CATCHWORDS:

Extension of limitation period – personal injury claim – motor vehicle accident – where the applicant developed increasingly severe symptoms after the expiration of the limitation period – discretion to extend the limitation period

Motor Accident Insurance Act 1994 (Qld), s 39, s 57
Limitation of Actions Act 1974 (Qld), s 30, s 31

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 applied
Carlowe v Frigmobile Pty Ltd [1999] QCA 527 considered
Hargans v Kemenes & Anor [2011] QCA 251 applied
Healy v Femdale [1993] QCA 210 applied
Moriarty v Sunbeam Corporation Ltd (1988) 2 Qd R 325 considered
Neilson v Peters Ship Repair Pty Ltd [1983] 2 Qd R 419 considered
Watters v Queensland Rail [2001] 1 Qd R 448 considered
Wood v Glaxo Australia Pty Ltd [1994] 2 Qd R 431 considered

COUNSEL:

C Heyworth-Smith for the applicant
R Green for the respondent

SOLICITORS:

Shine Lawyers for the applicant
Bray Lawyers Pty Ltd for the respondent

INTRODUCTION

1. The applicant was injured in a motor vehicle accident on 3 December 2009. His most significant injury was to his left knee. He had surgery to it in September 2010, performed by Dr Hayes. He did not return to work after the accident unitl 20 October 2010. He received WorkCover payments during this period. When he returned to work he did so on normal duties. Sometime thereafter the symptoms in his knee increased. He was certified for restricted duties from 14 November 2012. On 29 January 2013 Dr Hayes suggested further surgery to his knee and he became aware of the fact his knew had suffered significant further impairment, which might compromise his ability to work in his profession as a tiler. The applicant first consulted solicitors on 6 February 2013 and they gave a Notice of accident claim form pursuant to s. 37 of the Motor Accident Insurance Act 1994 to the second respondent.

1. The application filed 2 October 2013 seeks the following orders:

1. A declaration pursuant to s 39(5)(c)(i) of the Motor Accident Insurance Act 1994 that the applicant has remedied non-compliance as at 11 April 2013;

2. In the alternative, an order that the applicant is authorised to proceed further with the claim…