Paterson v Leigh

[2008] QSC 277

SUPREME COURT OF QUEENSLAND

CITATION:

Paterson v Leigh & Anor [2008] QSC 277

PARTIES:

ROBIN ANN PATERSON
(applicant)
v
VINCENT THOMAS LEIGH
(first respondent)
and
NOMINAL DEFENDANT
(second respondent)

FILE NO:

S527 of 2008

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court in Rockhampton

DELIVERED ON:

November 11 2008

DELIVERED AT:

Rockhampton

HEARING DATE:

November 3

JUDGE:

McMeekin J

ORDER:

That the applicant be given leave to commence proceedings within 60 days of one of the following events occurring:1.   

(a) The conference being held pursuant to s 51A and s 51B of the Act and mandatory final offers being exchanged in accordance with s 51C of the Act;

(b) In the event of the parties agreeing to dispense with the holding of the conference pursuant to s 51A(4) of the Act the date of such agreement;

(c) In the event of the court making an order dispensing with the holding of the compulsory conference, pursuant to s 51A(5)(b) of the Act, the date of such order.

No order as to costs.2.   

CATCHWORDS:

LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - APPLICATION OF THE STATUTES TO PARTICULAR CAUSES OF ACTION - MOTOR VEHICLE INSURANCE - where the applicant seeks 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 suffered in motor vehicle accident – where the application is made within the limitation period – where all the requirements under the Motor Accident Insurance Act 1994 (Qld) have not yet been complied with

Motor Accident Insurance Act 1994, s37, s51A, s51B, s57

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541, cited

Gitsham & Ors v Suncorp Metway Insurance Ltd [2002] QCA 310, followed

Winters v Doyle [2006] 2 Qd R 285, followed

COUNSEL:

G Crow for the applicant

R Dickson for the respondent

SOLICITORS:

Chris Trevor and Associates for the applicant

WHD Lawyers for the respondent

1. McMEEKIN J: The applicant, Robin Ann Paterson, claims that she sustained personal injuries in a motor vehicle accident which occurred on 19 November 2005. She was then aged 41 years, having been born on 10 February 1964. The limitation period relevant to her action, at the time of the hearing, was due to expire in two weeks time. She applies for an extension of that limitation period pursuant to s 57(2)(b) of the Motor Accident Insurance Act 1994 (‘the Act’).

1. Despite still being within the limitation period, the application is opposed. The limitation period for the applicant’s claim will expire on 19 November 2008.  The application was filed on 27 October 2008, a little over three weeks prior to the expiration of the limitation period.

1. Ms Paterson cannot commence her proceedings because she is yet to comply with some of the requirements of the Act. Principally there is yet to be a conference between the parties as envisaged by s 51A. No certificate of readiness signed by…