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.
Defendant applied to strike out proceeding contending that it contravened statutory notice period prescribed under Motor Accident Insurance Act 1994 (Qld) and plaintiff cross-applied for leave to commence proceeding leave nunc pro tunc; leave to commence granted and defendant's application dismissed with costs: Jones J
Appeal Determined (QCA)
[2002] QCA 327 [2003] 1 Qd R 623
30 Aug 2002
Defendant appealed against [2002] QSC 57; whether section 57 Motor Accident Insurance Act 1994 (Qld) was source of independent power to grant leave to commence action or whether section 39(5)(c) was the only source of power; appeal allowed, orders below set aside and plaintiff's proceeding struck out: Williams JA and Wilson J (Jerrard JA dissenting)
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.