Cayley v Gladstone Regional Council

SUPREME COURT OF QUEENSLAND

CITATION:

Cayley v Gladstone Regional Council [2023] QSC 195

KERRIE LOUISE CAYLEY

(applicant)
v
GLADSTONE REGIONAL COUNCIL

(respondent) S 845/23

Trial Division Application

Supreme Court at Rockhampton

28 August 2023 Rockhampton

PARTIES:

FILENO/S:

DIVISION:

PROCEEDING:

ORIGINATINGCOURT:

DELIVEREDON:

DELIVEREDAT:

HEARINGDATE:

23 August 2023

JUDGE:

Crow J

ORDER:

1. Pursuant to s 59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld) (PIPA), the applicant be given leave to commence proceedings within 60 days of one of the following events occurring:

a. A compulsory conference being held pursuant to s 36 of PIPA and mandatory final offers being exchanged in accordance with s 39(1) of PIPA; or

b. The date of agreement, if the parties dispense with the compulsory conference by agreement pursuant to s 36(4) of PIPA; or

c. An order by the Court, pursuant to s 36(5) of PIPA, dispensing with the compulsory conference.

2.   The applicant pay the respondent’s costs of the application on a standard basis.

CATCHWORDS:

LIMITATION OF ACTIONS – EXTENSION OF POSTPONEMENT OF LIMITATION PERIODS – EXTENSION    OF    TIME    IN    PERSONAL    INJURY

MATTERS – where the applicant claims to have suffered personal injuries as a result of a single motor vehicle accident in September 2020 – where the applicant issued a complying Notice of Claim under the Personal Injuries Proceedings Act

2002 (Qld) (PIPA) within the time limitation period – where the claim has not progressed as required by PIPA – where the three-year period of limitation pursuant to the Limitation of Actions Act 1974 will expire on 3 September 2023 –where the applicant filed an application seeking leave pursuant to s 59(2)(b) of PIPA – where the respondent resist this application

– whether the applicant has leave to commence proceedings within 60 days of a compulsory conference being held, or the date of the agreement to dispense with the compulsory conference, or an order pursuant to s 36(5) of PIPA dispensing with the compulsory conference.

Personal Injuries Proceedings Act 2022 (Qld), s 10, 12, 13, 20,

20(1)(a), 22, 25, 27(1)(a) 35, 36, 36(4), 36(5), 39(1), 59,
59(2)(b)

Limitation of Actions Act 1974 (Qld) s 11

Folwell v Maher [2020] QSC 162

Paterson v Leigh & Anor [2008] QSC 277

COUNSEL:

Mr A Arnold for the applicant

Mr Isaacs, solicitor, for the respondent

SOLICITORS:

Shine Lawyers for the applicant King & Company for the respondent

1. The applicant, Ms Cayley, suffered personal injuries in a single motor vehicle accident on 3 September 2020. The accident occurred on the Tablelands Road near Essenden Bridge when Ms Cayley was driving towards Bundaberg.

1. Ms Cayley has described that she was driving her motor vehicle at 90km/h along the Tablelands Road when her vehicle started to lose traction, she lost control of the vehicle and it struck a tree. Ms Cayley estimated she was driving her motor vehicle at 90km/h in a 100km/h zone.

1. Following the accident, Ms Cayley was transferred by ambulance from the accident site to Rosedale State School, then flown by helicopter to the Bundaberg…