Jackson v Reeves & Suncorp Metway Insurance Ltd

[2010] QDC 43

[2010] QDC 43

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 50 of 2004

GARTH JACKSON

Plaintiff

and

NEVILLE REEVES

and

SUNCORP METWAY INSURANCE LIMITED

Defendant

Defendant

BRISBANE

..DATE 18/02/2010

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 24(4)
Renewal of claim more than five years old - respondent insurer (yet to be served) consented

HIS HONOUR:  The Court makes an order in terms of the initialled draft.  It renews the claim for a period of 12 months from next Saturday.

The proceeding is an old one.  Mr Wright appearing on the application explains that that is because his client has been incarcerated and for considerable periods unable to give his attention to his claim.

Ordinarily, a claim is renewed under Rule 24(2) by the Registrar.  However, by subrule (4) the Court's leave is necessary once a five-year anniversary is reached in respect of the claim.  That has already happened in this matter.  Indeed, Judge Kingham a year ago ordered a renewal.  The interests of all parties are suited by keeping the claim alive in this way without its being served.  Pre-litigation steps which may bear fruit are underway as required by legislation.

The consent of the second respondent insurer, which is the important one, is evidenced by its signature to a consent document, which I've marked Exhibit 1.

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