Thomas v Transpacific Industries Pty Ltd

[2002] QCA 160

[2002] QCA 160

COURT OF APPEAL

McMURDO P
DAVIES JA
HELMAN J

Appeal No 237 of 2002

IAN THOMAS  (appellant/applicant)

and

TRANSPACIFIC INDUSTRIES PTY LTD
ACN 010 745 383               (respondent/first respondent)

and

SUNCORP METWAY INSURANCE LIMITED
ACN 075 695 966              (respondent/second respondent)

BRISBANE

..DATE 10/05/2002

JUDGMENT

THE PRESIDENT:  This appeal was heard by a Court consisting of a Judge of Appeal Davies, Justice Helman and me.  The orders are;

1. Extend the time within which to seek leave to appeal and to appeal to 10 May 2002,

1. Grant the application for leave to appeal;

1. Allow the appeal;

1. Set aside the order of the District Court refusing leave to bring this proceeding;

1. Grant leave to the applicant to bring this proceeding notwithstanding non-compliance with the requirements of Division 3 of Part 4 of the Motor Accident Insurance Act 1994 (Qld).

I publish the separate reasons for judgment of each member of the Court each concurring as to the orders made.

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