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Application to strike out parts of statement of claim, regarding time at which personal injury arose; only one injury pleaded in relation to which compensation was sought and that was the injury as described in the Notice of Assessment; the cause of the injury and the date on which it was suffered were matters that should properly be left to the trial; application dismissed: O'Brien CJDC.
Appeal Determined (QCA)
[2008] QCA 228
08 Aug 2008
Leave to appeal refused with costs; seeking to appeal dismissal of strike out application on time period personal injury alleged to have occurred; not identified any prejudice likely to be suffered if the case proceeds to trial on the issues as they now stand: Keane JA, Mackenzie AJA and Dutney J.
Appeal Status
Appeal Determined (QCA)
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