Queensland Judgments
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Ward v Wiltshire Australia Pty Ltd[2008] QCA 93

Ward v Wiltshire Australia Pty Ltd[2008] QCA 93

CITATION: Ward v Wiltshire Australia Pty Ltd [2008] QCA 93
JUDGE(S): McMurdo P, Fraser JA, Mackenzie AJA
DELIVERED ON: 18 April 2008
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Editorial Notes

  • Published Case Name:

    Ward v Wiltshire Australia P/L & Anor

  • Shortened Case Name:

    Ward v Wiltshire Australia Pty Ltd

  • MNC:

    [2008] QCA 93

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Fraser JA, Mackenzie AJA

  • Date:

    18 Apr 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 144 (2007) 49 MVR 504 Jun 2007Application 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 118 Apr 2008Appeal 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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