Postans v Premier Bars Pty Ltd

[2013] QDC 220

[2013] QDC 220

DISTRICT COURT OF QUEENSLAND

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1694 of 2013

DRUAN JAMES POSTANS  Applicant

and

PREMIER BARS PTY LTD and ANOTHER              Respondent

BRISBANE

10.30 AM, TUESDAY, 21 MAY 2013

ORDER

Personal Injuries Proceedings Act 2002 s43

HIS HONOUR: The court makes an order in terms of the initialled draft. It authorises the applicant to start a proceeding pursuant to section 43 of the Personal Injuries Proceedings Act 2002 notwithstanding that the pre-litigation steps called for by the Act have not been completed. The proceeding, in the usual way, will be stayed pending the carrying out of those steps but the applicant will be protected from falling foul of the Limitation of Actions Act.

It’s an unusual claim proposed.  Mr Postans alleges that on the 27^th of May 2010 he suffered not only physical injury but serious psychological consequences from an assault that occurred outside the first respondent’s bar.  His case is that the operators ought to have appreciated that his assailants were hostile to him inside the premises and that there was a risk of an assault, that something ought to have been done to prevent it.  The second respondent is proposed to be made a party as the security providers.  While the first respondent’s consent to today’s order has been obtained that of the second respondent has not.  Although served, it failed to appear when called this morning.  There is an issue raised by it in correspondence as to whether, at the relevant date, it was the security provider.  Correspondence is placed before the court which asserts that there is a basis for regarding the second respondents denial of any relevant participation contentious and possibly wrong.  It’s appropriate for the order to be made in the usual way so that limitations considerations don’t trouble the would-be plaintiff.  Order is per initialled draft.  Thank you.

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