SG v State of Queensland; Ao v State of Queensland; Jo v State of Queensland; SD v State of Queensland; VG v State of Queensland; NY v State of Queensland

The respondents in these consolidated appeals were denied leave to initiate personal injury proceedings under section 43 of the Personal Injuries Proceedings Act 2002 (Qld) at first instance. The respondents' previous appeal was dismissed, and they now appeal the second decision at first instance. The central issue before the court was whether the judge was legally incorrect in granting leave to commence proceedings after the limitation period had expired, and if the judge's finding of an urgent need for the applicant to start proceedings was against the evidence and the weight of the evidence.

The court found that the judge was correct in holding that section 43 of the Personal Injuries Proceedings Act 2002 (Qld) empowered the court to grant leave to commence a proceeding after the limitation period in respect of the action had expired. The court also found that the judge's finding of an urgent need for the applicant to start a proceeding was not against the evidence and the weight of the evidence.

The appeals were allowed, with the orders made in the Trial Division set aside. The subject application at first instance was refused, with costs to be assessed. The appellant was also ordered to pay the respondent's costs, to be assessed, thrown away by reason of the abandonment of grounds of appeal 2.1 and 2.4.