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Martin v Virzi

 

[2004] QSC 315

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 3 of 2004

LEIGH MICHAEL MARTIN

First Applicant

and

 

VICKI ANN MARTIN

Second Applicant

and

 

KIM LEIGH MARTIN

Third Applicant

and

 

JOANN LEIGH MARTIN

Fourth Applicant

and

 

JOSEPH MARK VIRZI

First Respondent

and

 

SUNCORP METWAY INSURANCE LTD (ACN 075 695 966)

Second Respondent

CAIRNS

DATE 03/08/2004

JUDGMENT

HIS HONOUR: This is an application for leave pursuant to section 57 of the Motor Accident Insurance Act 1994 for leave to issue proceedings against the respondents notwithstanding the non compliance with division 3 part 4 of the Act.

The three applicants bring claims in respect of a motor vehicle accident on the 4th of August 2001 consequently the period of limitation will expire and defeat a claim unless action is commenced forthwith.

The respondent insurer has signified its consent to leave being granted provided the action is stayed and the various requirements of division 3 part 4 are complied with.

That being the case I propose to grant leave and I will make orders in terms of the draft initialled by me and placed with the papers.

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Editorial Notes

  • Published Case Name:

    Leigh Michael Martin v Joseph Mark Virzi

  • Shortened Case Name:

    Martin v Virzi

  • MNC:

    [2004] QSC 315

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    03 Aug 2004

Litigation History

No Litigation History

Appeal Status

No Status