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Defendant applied to strike out proceeding contending that it contravened statutory notice period prescribed under Motor Accident Insurance Act 1994 (Qld) and plaintiff cross-applied for leave to commence proceeding leave nunc pro tunc; leave to commence granted and defendant's application dismissed with costs: Jones J
Appeal Determined (QCA)
[2002] QCA 327 [2003] 1 Qd R 623
30 Aug 2002
Defendant appealed against [2002] QSC 57; whether section 57 Motor Accident Insurance Act 1994 (Qld) was source of independent power to grant leave to commence action or whether section 39(5)(c) was the only source of power; appeal allowed, orders below set aside and plaintiff's proceeding struck out: Williams JA and Wilson J (Jerrard JA dissenting)
Appeal Status
Appeal Determined (QCA)
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