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Applicants applied for leave under s 43 of Personal Injuries Proceedings Act 2002 (Qld) to commence proceedings despite non-compliance with that part of the Act; whether urgent need to start proceedings; proceedings out of time and applications dismissed: Douglas J
Primary Judgment
[2004] QSC 236
16 Jun 2004
Applicants again applied for leave under s 43 of Personal Injuries Proceedings Act 2002 (Qld) to commence proceedings; where new evidence adduced; leave to commence proceedings granted: Holmes J
Appeal Determined (QCA)
[2004] QCA 215
25 Jun 2004
Applicants appealed against orders in [2003] QSC 463; whether urgent need to start proceedings; appeals dismissed: Williams and Jerrard JJA and Muir J
Appeal Determined (QCA)
[2004] QCA 461
03 Dec 2004
State of Queensland appealed against [2004] QSC 236; whether s 43 of the Act permitted proceedings to be commenced after expiry of limitation period; appeals allowed, orders below set and applications at first instance refused: de Jersey CJ, M McMurdo P and Chesterman J
Special Leave Granted (HCA)
[2005] HCATrans 456
23 Jun 2005
Applicants applied for special leave to appeal against [2004] QCA 461; whether s 43 of the Act required consideration of s 31 of Limitation of Actions Act 1974 (Qld); special leave to appeal granted: Gummow and Heydon JJ
HCA Judgment
(2006) 226 CLR 234 80 ALJR 946 [2006] HCA 21
17 May 2006
Applicants appealed against [2004] QCA 461; whether s 43 of the Act required reasonably arguable case under s 31(2) of Limitation Act; appeal allowed and orders of Court of Appeal set aside: Gummow, Kirby, Hayne, Heydon and Crennan JJ
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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