Benussi v Morello

[2012] QDC 128

[2012] QDC 128

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1479 of 2012

JED SHANE BENUSSI	Applicant
and
VITO SEBATIAN MORELLO	Respondent

BRISBANE

..DATE 20/04/2012

ORDER

CATCHWORDS

Personal Injuries Proceedings Act 2002, s 36(5), s 40(9), s 59(2)(b)

With cooperation of impecunious respondent, compulsory conference and mandatory final offers dispensed with - applicant allowed an additional 12 months to commence a proceeding in expectation his injuries should stabilise within that time
HIS HONOUR:  The Court makes an order in terms of the initialled draft.  It abridges the time for service of the application which is superseded by an amended application the subject of leave to file today.  The respondent has been served but not appeared when called.  He has been informed of the proposed amendment by an email sent by the applicant's solicitors yesterday to which he responded by his own email indicating agreement.

What is, therefore, being ordered, effectively by consent, is that under section 36(5) of the Personal Injuries Proceedings Act 2002 the requirement of the parties to participate in a compulsory conference be dispensed with. Also the obligation on the parties to exchange mandatory final offers is being dispensed with under section 40(9).

Finally, under section 59(2)(b) the applicant's given leave to commence proceedings on or before 25 April 2013. That has the effect of extending the limitation period for a year to accommodate understandable desires of the parties; in particular, it's anticipated that the plaintiff's injuries, which were burns, may have settled in the next year so that a better idea of the long term consequences is available.

The circumstances are unusual.  On Anzac Day 2009 a bonfire was being held at the respondent's residence in Stanthorpe.  Something or other which shouldn't have got into the fire did, occasioning a serious explosion which injured, the Court's told, not only the applicant but others as well.
The respondent occupier is now self-acting and explains the cooperative attitude he's taking by reference to his impecuniosity from the point of view of funding attendance at or representation at conferences the like and also from the point of view of making any offers.  He says he hasn't got any money.

So, order as per initialled draft.

-----