Luo v Hoffman; Wu v Hoffman

[2017] QDC 272

DISTRICT COURT OF QUEENSLAND

CITATION:

Luo v Hoffman & Another; Wu v Hoffman & Another [2017] QDC 272

PARTIES:

In File No 3481 of 2017:

TING TING LUO
(applicant/plaintiff)

v

DAVID HOFFMAN
(first respondent/first defendant)

and

RACQ INSURANCE LIMITED
(ABN 50 009 704 152)          
(second respondent/first defendant)

In File No 3483 of 2017:

GUANG XIANG WU
(applicant/plaintiff)

v

DAVID HOFFMAN
(first respondent/first defendant)

and

RACQ INSURANCE LIMITED
(ABN 50 009 704 152)          
(second respondent/second defendant)

FILE NO/S:

3481 of 2017
3483 of 2017

DIVISION:

Civil

PROCEEDING:

Application

DELIVERED ON:

14 November 2017

DELIVERED AT:

Brisbane

HEARING DATE:

29 September 2017

JUDGE:

Rosengren DCJ

ORDER:

The applicants be given leave to commence proceedings against the respondents.

There be no order as to costs.

If an alternate order as to costs is sought, the parties are to provide written submissions by 4pm on 21 November 2017.

I direct the parties to confer to provide a draft of agreed directions for the further conduct of the proceedings by 4pm on 21 November 2017.

CATCHWORDS:

LIMITATION OF ACTIONS – EXPIRATION OF LIMITATION PERIOD – TORT – PERSONAL INJURIES – MOTOR VEHICLE INSURANCE – where the applicants seek an extension of time under s 57(2)(b) of the Motor Accident Insurance Act 1994 (Qld) within which to commence proceedings for damages as a result of personal injuries in a motor vehicle accident – where liability is admitted – where the application is made outside the limitation period – where all the pre-court requirements under the Motor Accident Insurance Act 1994 (Qld) have not yet been complied with

Legislation
Motor Accident Insurance Act 1994 (Qld), s 57(2)(b)

Cases

Paterson v Leigh & Anor [2008] QSC 277, cited
Blundstone v Johnson [2010] QCA 148, cited
Jonathan v Mangera & Anor [2016] QCA 86, cited
Gitsham & Ors v Suncorp Metway Insurance Ltd [2002] QCA 310, cited
Morrison-Gardinerv Car Choice P/L & Anor [2004] QCA 480, cited
Cottle v Smith and Anor [2008] QCA 244, cited

COUNSEL:

PJ Woods for the applicants
RA Nichols for the respondents

SOLICITORS:

Wyatts Lawyers & Advisors for the applicants
Jensen McConaghy for the respondents

1. Ting Tin Luo (‘Luo’) and Guang Xiang Wu (‘Wu’) are wife and husband and say they were injured in a motor vehicle accident on 22 August 2013.   The usual limitation periods expired on 22 August 2016.  Proceedings were not commenced by then. The second respondent agreed to extend the limitation periods in relation to both claims to 21 November 2016.  Proceedings had still not been commenced by this date.   The second respondent agreed to a further extension of the limitation period in relation to the Luo claim and also arguably the Wu claim, until 24 February 2017.  No proceedings in relation to either claim were commenced by that date.  

1. Luo and Wu cannot now commence proceedings because they are yet to comply with some of the requirements of the Motor Accident Insurance Act 1994 (‘the Act’). Notably, there…