Tiver v Sunshine Coast Regional Council

The matter before the court was an application by Ms. Tiver against Sunshine Coast Regional Council, seeking an extension of time to commence a personal injury action. The application was made outside the statutory limitation period under the Personal Injuries Proceedings Act 2002 (Qld). Ms. Tiver contended that the delay in filing her action was due to the negligence of her solicitor and was reasonably excusable based on her own conduct. The court was required to determine whether the applicant's delay was caused by the solicitor's negligence and whether the applicant's conduct was reasonably excusable.

The court examined the relevant statutory provisions and the principles applicable to determining whether the delay was reasonably excusable. It considered Ms. Tiver's conduct and the extent to which the solicitor's negligence contributed to the delay. The court found that Ms. Tiver had not demonstrated that the delay was due to the solicitor's negligence. The court also found that Ms. Tiver's conduct did not constitute reasonably excusable delay. Consequently, the application for an extension of time was dismissed.

The court ordered that the parties comply with the provisions of section 37 of the Personal Injuries Proceedings Act 2002 (Qld) by a specified date. The court also ordered that the parties participate in a compulsory conference before a specified date. If the applicant's claim was not settled at the conference, and the applicant wished to commence a court proceeding, it was to be commenced within 60 days after the conclusion of the conference. The applicant was ordered to pay the respondent's costs of and incidental to the application to be assessed on a standard basis.