Wright v Sirrom Corporation (Aust) Pty Ltd - [2019] QSC 26

SUPREME COURT OF QUEENSLAND

CITATION: Wright v Sirrom Corporation (Aust) Pty Ltd [2019] QSC 26

PARTIES:
DARREN WRIGHT

(applicant)

v

SIRROM CORPORATION (AUST) PTY LTD (ACN 074 914 560)

(respondent)

FILE NO/S: SC No 967 of 2018

DIVISION: Trial Division

PROCEEDING: Application

ORIGINATING COURT: Supreme Court at Rockhampton

DELIVERED ON: 21 February 2019

DELIVERED AT: Rockhampton

HEARING DATE: 10 December 2018

JUDGE: Crow J

ORDER:
1. It is declared that the Part 1 Notice of Claim given by the applicant to the respondent on 15 April 2018 is a complying Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002

2. Costs of and incidental to the application be reserved to the proceedings instituted by leave pursuant to the orders made 10 December 2018.

CATCHWORDS:
PERSONAL INJURY CLAIMS - STATUTORY INTERPRETATION - PRACTICE – COMPLIANT CLAIMS

– where applicant suffered injury at mine site – where there was delay in identifying the proper respondent – where proper respondent was identified after limitation period in the Personal Injuries Proceedings Act 2002 (Qld) - whether Part 1 Notice provided is a compliant Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002 (Qld) - whether applicant is presumed to be satisfied that the Part 1 Notice of Claim is a compliant Part 1 Notice of Claim

Personal Injuries Proceedings Act 2002 (Qld) s 9, s11, s 12, s 13, s 14, s 43, s 18

Uniform Civil Procedure Rules 1999 (Qld) r 27(3)

COUNSEL:
SJ Deaves for the applicant

B Heath, solicitor for the respondent

SOLICITORS:
Taylors Solicitors for the applicant

Carter Newell for the respondent

On 10 December 2018 in this matter, the following orders were made:

1.Time for the service of the Originating Application be abridged pursuant to rule 27(3) of the Uniform Civil Procedure Rules 1999.

2.Pursuant to section 43 of the Personal Injuries Proceedings Act 2002 the Applicant have leave to start a proceeding in the Court against the Respondent for damages based on a liability for personal injuries suffered by the applicant on 2 July 2014, despite non-compliance with Part 1 of Chapter 2 of the Act.

3.The proceedings be stayed until the provisions of Part 1 of Chapter 2 of the Act are complied with.

4.Costs reserved.

The balance of the application concerning the relief sought in Paragraphs 2, 3, 4, and 5 of the originating application filed 4 December 2018 are the subject of these reasons.

The applicant applies for orders pursuant to Paragraphs 2, 3, 4, and 5 of the originating application as follows:-

2.A declaration that the Part 1 Notice of Claim given by the applicant to the respondent on 15 April 2018 is a complying Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002 (‘PIPA’).

3.In the alternative, a declaration that pursuant to section 13 of PIPA the respondent is conclusively presumed to be satisfied that the Part 1 Notice of Claim given by the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QSC 26
Decision Date: 21 February 2019

CaseChat Overview and Summary

In Wright v Sirrom Corporation (Aust) Pty Ltd, the applicant, Wright, sought to bring a personal injury claim against the respondent, Sirrom Corporation (Aust) Pty Ltd, arising from an incident at a mine site. Wright sustained injuries during the incident, but there was a delay in identifying the correct respondent for the claim. The claim was eventually identified after the limitation period stipulated by the Personal Injuries Proceedings Act 2002 (Qld). The central issue before the court was whether the Part 1 Notice of Claim provided by Wright was compliant under the Act, and whether Wright was presumed to be satisfied that the notice was compliant.

The court considered the statutory requirements for a compliant Part 1 Notice of Claim and the effect of the delay in identifying the proper respondent. It was noted that the notice was provided within the limitation period, but after the identification of the proper respondent. The court examined whether the delay in identifying the respondent constituted a breach of the statutory requirements. The court also assessed whether Wright's conduct in issuing the notice could be deemed as presuming compliance with the statutory provisions.

The court determined that the Part 1 Notice of Claim given by Wright was compliant within the meaning of the Act, despite the delay in identifying the proper respondent. The court held that the delay did not affect the compliance of the notice, and Wright's conduct in issuing the notice was sufficient to presume satisfaction with its compliance. Consequently, the court declared that the Part 1 Notice of Claim was compliant and ordered that the costs of and incidental to the application be reserved to the proceedings.

Orders

Orders of the court

1. It is declared that the Part 1 Notice of Claim given by the applicant to the respondent on 15 April 2018 is a complying Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002

2. Costs of and incidental to the application be reserved to the proceedings instituted by leave pursuant to the orders made 10 December 2018.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Wright v Sirrom Corporation (Aust) Pty Ltd [2019] QSC 26
PARTIES:	DARREN WRIGHT (applicant) v SIRROM CORPORATION (AUST) PTY LTD (ACN 074 914 560) (respondent)
FILE NO/S:	SC No 967 of 2018
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Rockhampton
DELIVERED ON:	21 February 2019
DELIVERED AT:	Rockhampton
HEARING DATE:	10 December 2018
JUDGE:	Crow J
ORDER:	1. It is declared that the Part 1 Notice of Claim given by the applicant to the respondent on 15 April 2018 is a complying Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002 2. Costs of and incidental to the application be reserved to the proceedings instituted by leave pursuant to the orders made 10 December 2018.
CATCHWORDS:	PERSONAL INJURY CLAIMS - STATUTORY INTERPRETATION - PRACTICE – COMPLIANT CLAIMS – where applicant suffered injury at mine site – where there was delay in identifying the proper respondent – where proper respondent was identified after limitation period in the Personal Injuries Proceedings Act 2002 (Qld) - whether Part 1 Notice provided is a compliant Part 1 Notice of Claim within the meaning of the Personal Injuries Proceedings Act 2002 (Qld) - whether applicant is presumed to be satisfied that the Part 1 Notice of Claim is a compliant Part 1 Notice of Claim Personal Injuries Proceedings Act 2002 (Qld) s 9, s11, s 12, s 13, s 14, s 43, s 18 Uniform Civil Procedure Rules 1999 (Qld) r 27(3)
COUNSEL:	SJ Deaves for the applicant B Heath, solicitor for the respondent