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Application to extend time under s 57(2)(b) Motor Accident Insurance Act to commence proceedings for damages as a result of personal injuries suffered in motor vehicle accident; no evidence of the delay being caused by the requirements of the Motor Accident Insurance Act; application refused: Lyons J.
Appeal Determined (QCA)
[2008] QCA 93 (2008) 51 MVR 1
18 Apr 2008
Appeal dismissed with costs; primary judge erred in determining the legal principles applicable to the exercise of discretion under s 57(2)(b) Motor Accident Insurance Act by requiring the explanation for delay to by by reference to attempt to comply; not persuaded that it would be just to grant the extension sought: McMurdo P, Fraser JA and Mackenzie AJA (McMurdo P dissenting on re-exercise of discretion).
Appeal Status
Appeal Determined (QCA)
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