To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Claim for declaratory relief that the proceedings have been validly commenced with respect to certain injury, an order striking out certain paragraphs of the amended defence and an order extending the limitation period; personal injury claim arising from employment; not satisfied that the requirements of s 31(2)(a) have been met to extend limitation period: Rackemann DCJ.
Primary Judgment
[2007] QDC 54
30 Mar 2007
Application to extend time to bring claim pursuant to Limitation of Actions Act; no previous finding about the availability of the cause of action which could preclude this second application; application granted: Kingham DCJ.
Appeal Determined (QCA)
[2005] QCA 406 [2006] 2 Qd R 220
04 Nov 2005
Granting leave to appeal and allowing appeal setting aside declaration made in [2005] QDC 180; primary judge erred in concluding that s 342 WorkCover Qld Act operated to bind the defendant in the proceedings for damages commenced by the plaintiff to the position that the plaintiff's injury was to be taken to have occurred on certain date for the purpose of determining when the plaintiff's cause of action accrued: McMurdo P, Keane JA and Atkinson J.
Appeal Determined (QCA)
[2007] QCA 364 [2008] 2 Qd R 219
26 Oct 2007
Leave to appeal granted and appeal allowed setting aside judgment [2007] QDC 54 with costs; learned primary judge erred in concluding that the plaintiff did not have within his means of knowledge a material fact of a decisive character relating to his right of action; Holmes JA and Wilson J agreeing that issue estoppel arose from earlier determination so that application should not have been entertained: Keane and Holmes JJA and Wilson J.
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.
