Partington v. Mack Trucks Australia Pty Ltd

[2009] QDC 250

[2009] QDC 250

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1651 of 2009

CHRISTOPHER DEAN PARTINGTON	Applicant
and
MACK TRUCKS AUSTRALIA PTY LTD (ACN 009 719 582)	Respondent

BRISBANE

..DATE 23/06/2009

ORDER

CATCHWORDS: Personal Injuries Proceedings Act 2002 s 43 - leave to commence proceeding granted, with respondent's consent - uncertainty as to when the applicant's "restless leg syndrome" commenced - cautious approach taken as to whether expiration of the limitation period was imminent

HIS HONOUR: The Court has made an order in terms of the initialled draft. It grants the applicant leave under section 43 of the Personal Injuries Proceedings Act 2002 to start a proceeding in the Court against the respondent for damages for personal injury. There'll be a statutory stay by virtue of subsection (3) until the prelitigation procedures under the Act have been gone through.

It's not necessary to specify that in the order.  The order does make provision for costs.  Although the originating application refers to an affidavit intended to be used, that hasn't been placed before the Court.  I've made some inquiries, perhaps fortuitously, and ascertained that the claim the applicant wishes to make relates to deficiencies in the design or operation of the cabin of a truck which he purchased which, perhaps because of overheating or other factors, led to his developing over a period what Mr Harding called restless leg syndrome.

It's thus somewhat mysterious when the cause of action arose for the purposes of the limitations legislation; a cautious approach has been adopted which assumes that it was at the earlier end of the relevant time period around about the third quarter of calendar 2006.  The order's made with the consent of the respondent.

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