Monaghan v Howard Thompson Constructions Pty Ltd

[2012] QDC 75

[2012] QDC 75

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 200 of 2012

GRAEME JAMES MONAGHAN	Plaintiff
and
HOWARD THOMPSON CONSTRUCTIONS PTY LTD	Defendant

SOUTHPORT

..DATE 10/04/2012

ORDER

CATCHWORDS
Personal Injuries Proceeding Act 2002 s 43

Leave to start a proceeding granted ex parte where limitation period ran out one day ago on a public holiday
HIS HONOUR:  The Court makes an order in terms of an
initialled draft under section 43 (1) of the Personal Injuries
Proceedings Act 2002 permitting the applicant would-be
plaintiff to commence a proceeding against Howard Thompson
Constructions Pty Ltd as an employee of David Thompson Brick
and Block Pty Ltd (no relation).

The plaintiff says he injured his knee on a work site, for the
condition of which the respondent bore responsibility.

The respondent is aware of the circumstances generally, having
been brought in by the employer pursuant to Mr Monaghan's
notice of claim for damages under the Workers' Compensation
Rehabilitation Act 2003.  Indeed, Mr Dwyer's affidavit
exhibits a letter of Howard Thompson Constructions to
WorkCover's solicitors putting forward its point of view as to
where it stands in this situation.

The matter is of extreme urgency in that the date of the
accident was 9th of April 2009.  The limitation period expired
yesterday, being Easter Monday.  The Court Registry was closed
and under the relevant legislation the plaintiff, would-be
plaintiff has an additional day.

The proceeding authorised to be started is immediately to be
stayed until the PIPA procedures have been gone through.  It
directs that a copy of the order and the proceedings "be served
by facsimile" on the respondent by 4 p.m. today.

Mr Dwyer says that is solely for the purpose of informing the
respondent of what has happened today and not to stand as
service of the claim and statement of claim, the form of which
appears from an exhibit to the affidavit.

Mr Dwyer has got the material relied on today to the respondent and he tells the
court that he has been contacted by its solicitors, Clayton
Utz, who advise they are still getting instructions.

There has been no appearance for Howard Thompson Constructions
Pty Ltd when called, given the late notice.

The draft order proposed by Mr Dwyer allows 7 days liberty to
apply to Howard Thompson Constructions in the event that they
wish to make some complaint about the court's order and have
it revisited.

...
  ------