Taylor v Stratford

In the matter of Taylor v Stratford, the Queensland District Court was asked to determine whether the applicant had provided a reasonable excuse for the delay in serving a notice of claim for loss of consortium and servitium. The applicant, Lorraine Susan Taylor, alleged that she was injured in a motor vehicle accident on 20 May 2000, and her husband, the applicant in this case, sought damages for the injuries she suffered. The legal issues before the court involved whether the applicant had given a complying notice of claim and whether leave should be granted to proceed with the claim despite the non-compliance.

The court found that the applicant had provided a reasonable excuse for the delay in giving the respondents a part 1 notice of claim. The relevant Form of Notice of Claim made no provision for a loss of consortium claim, and the notice was served late. The applicant's solicitor had acknowledged responsibility for the delay, and the applicant was not personally to blame. The court also found that the applicant had given a complying part 1 notice of claim, as the notice of claim in which the applicant's wife was named as the injured person and the particulars related to her, and the applicant's solicitor edited the notice to include the applicant's details.

In light of these findings, the court granted leave to the applicant to file a claim for damages for loss of consortium and loss of servitium arising out of the personal injuries suffered by Lorraine Susan Taylor on 20 May 2000. However, any proceeding commenced pursuant to such leave was to be stayed pending the determination of any appeal against the court's decision on the first application and pending the final determination of the proceeding commenced on 12 June 2003.