Madsen v Pope and Anor (No 2)

DISTRICT COURT OF QUEENSLAND

CITATION:

Madsen v Pope & Anor (No 2) [2014] QDC 56

PARTIES:

SARA MADSEN

(plaintiff)

v

DOUGLAS HAMILTON LOCKHART POPE

(first defendant)

and

EVA ULRIKA KERR

(second defendant)

FILE NO/S:

BD2824/13

DIVISION:

Civil

PROCEEDING:

Applications in a proceeding

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

28 March 2014

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Dorney QC DCJ

ORDERS AND DIRECTIONS:

A.        It is ordered that:

1.       The plaintiff have leave to amend both the Claim and Statement of Claim as she may be advised in accordance with these Reasons (subject to the directions made below).

2.       The defendants have leave to replead, as necessary, consequential upon the plaintiff’s amendments in Order 1.

3.       The proceeding is stayed until the plaintiff complies with the Personal Injuries Proceeding Act  2002 (“PIPA”) (in accordance with the directions below).

4.       The defendants pay the plaintiff’s costs of and incidental to the applications brought by the defendants, to be fixed at 50% of those costs and to be contributed equally by each defendant as to 50% of that fixed percentage, to be assessed on the standard basis.

5.       The plaintiff pay the costs of the first defendant and the second defendant, respectively, thrown away by reason of any repleading (consequential upon the plaintiff’s amendments).

B.        It is directed that:

1.       Within 28 days of these orders and directions, the plaintiff serve on each of the defendants a statutory declaration providing particulars (where applicable as to name, address and contact phone numbers) of:

(a)          witnesses to the alleged incidents;

(b)          witnesses and other persons able to provide relevant particulars about those alleged incidents;

(c)           treatment provided;

(d)          any disability relevant to the assessment of the extent of personal injury alleged (if the symptoms lasted in excess of four weeks or more);

(e)           health care providers;

(f)           documentation from all treatment and health care providers.

2.       Within 2 months after the service of the plaintiff’s statutory declaration, the plaintiff give a Part 2 Notice of Claim pursuant to s 9(3A) of PIPA to each defendant.

3.       Within 28 days after being given the Part 2 Notice of Claim, each defendant give a notification to the plaintiff in accordance with s 12(3) of PIPA.

4.       Within 28 days after being given the last of such notifications, the plaintiff provide to the defendants any further particulars so as to remedy any material non-compliance with PIPA.

5.       All parties hold a compulsory conference in accordance with s 36 of PIPA at a place, time and date to be agreed, but, in any event, not later than six months after compliance with Order 1.

6.       After the expiry of 14 days from, but within 30 days after, that compulsory conference, each of the parties exchange Mandatory Final Offers in accordance with PIPA.

7.       After the expiry of 14 days from, but within 30 days after, the last exchange of Mandatory Final Offers, the plaintiff file and serve an…