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Application for leave to amend statement of claim; claim for damages for personal injury arising from motor vehicle accident; add an allegation that his injuries were caused by the negligence of the State's servants or agents, in that they failed "on maintenance of the road to provide adequate sub-surface drainage with the result that the welts formed"; application granted: Samios DCJ.
Appeal Determined (QCA)
[2008] QCA 113 [2009] 1 Qd R 97
09 May 2008
Leave to appeal granted and appeal allowed, application for amendment refused with costs; applied for leave to amend his statement of claim after the expiry of the relevant limitation period; cause of action raised by the amendment involving, as one of its elements, an alleged breach of duty on the part of the State in relation to the maintenance of the condition of the sub-surface of the highway, is a new cause of action: Keane and Muir JJA and Douglas J.
Appeal Status
Appeal Determined (QCA)
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