Loading...
Queensland Judgments

beta

Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Hood v Sloan

 

[2004] QSC 467

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 108 of 1997

CLINTON HOOD

Applicant (Plaintiff)

and

 

TIMOTHY JAMES SLOAN

Respondent (First Defendant)

and

 

THE NOMINAL DEFENDANT

Respondent (Second Defendant)

and

 

JOSHUA LYLE CONGOO

Respondent (Third Defendant)

and

 

SUNCORP GENERAL INSURANCE LIMITED

Respondent (Fourth Defendant)

CAIRNS

DATE 09/12/2004

JUDGMENT

HIS HONOUR: This is an application by the plaintiff pursuant to rule 389(2) for leave to proceed, notwithstanding that no step has been taken in the action for a period of two years.

The plaintiff was injured on 13 February 1996 when he was aged 16 years. His claim for damages was commenced on 7 August 1999, but although pursued with some vigour thereafter, has not had a step taken since 21 May 1999.

There are a number of reasons to explain that delay. Firstly, the plaintiff lives at Laura, which is somewhat geographically isolated from both his lawyers and medical practitioners, and he has been unable on some occasions to attend medical examinations which have been arranged to assess his damages.

In addition to that, he had a supervening motor vehicle accident in 2002. He has, despite his young age, been burdened with problems of caring for his father and he himself has had financial problems.

He has undertaken to pursue the matter to the best of his ability in the near future. Even that is touched with some difficulty given his position.

However, the defendants are aware of these difficulties and raise no objection to the granting of leave which has been sought.

In those circumstances I should exercise my discretion favourably to the grant of the application.

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

Close

Editorial Notes

  • Published Case Name:

    Clinton Hood v Timothy James Sloan

  • Shortened Case Name:

    Hood v Sloan

  • MNC:

    [2004] QSC 467

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    09 Dec 2004

Litigation History

No Litigation History

Appeal Status

No Status