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  • Unreported Judgment

Meagher v Stribling

 

[2004] QSC 182

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 145 of 1998

JOSHUA FRANCIS MEAGHER

Applicant/Plaintiff

and

 

KELLY MARIE STRIBLING AND SUNCORP GENERAL INSURANCE LIMITED ACN 075 695 966

Respondents/Defendants

CAIRNS

DATE 27/04/2004

JUDGMENT

HIS HONOUR: This is an application pursuant to rule 389 of the Uniform Civil Procedures Rules by the plaintiff for leave to proceed with the action notwithstanding that a step had not been taken in the action since the 20th of August 2001.

The plaintiff purported, in fact, to file a list of documents on the 5th of February 2004 but apparently objection has been taken to this step thus making necessary the application.

The defendants appear before me today to advise the Court that they now make no objection to the granting of leave to proceed. Nonetheless the Court has to be satisfied that it is proper in the circumstances for its discretion to be exercised in this way.

I am satisfied on the material in the affidavit of Mitchell Clark, filed on the 19th of April 2004, that it is proper to grant leave to proceed in this case. The plaintiff suffered serious head injuries, the full effects of which have taken some considerable time to stabilise, and indeed one could not be sure that they have stabilised even to todays date. The head injuries have brought about emotional changes, the most serious of which of course is that the plaintiff has indicated some suicidal tendencies.

In addition to that the plaintiff sustained a subsequent injury which the legal advisers felt ought to be disposed of in advance of continuing the proceedings in relation to the subject injuries. That has caused some delay also.

Further to that, the plaintiff's father has died, which has caused further emotional upset for the plaintiff which had to be managed in a way that did not confuse the effects of the subject injury. All of these matters have caused considerable delay in the progress of the action but that delay is understandable in the circumstances of the cascading effects of these various events.

I am satisfied therefore that the delay is explained. The defendants make no objection to my granting leave which indicates that no serious prejudice has resulted from the delay.

I will make orders therefore in terms of the draft initialled by me and placed with the papers.

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Editorial Notes

  • Published Case Name:

    Joshua Francis Meagher v Kelly Marie Stribling and Suncorp General Insurance Limited

  • Shortened Case Name:

    Meagher v Stribling

  • MNC:

    [2004] QSC 182

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    27 Apr 2004

Litigation History

No Litigation History

Appeal Status

No Status