De Innocentis v BCC & Anor

[1999] QCA 404

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Limitation of Actions
2. › Application of limitation statutes
3. › Personal injury
4. › Whether limitation period applies to statutory obligation to join insurer
5. › Whether action against insurer is 'action for damages for negligence'
6. › Limitation of Actions Act 1974 (Qld), s 11
7. › Motor Accident Insurance Act 1994 (Qld), s 52
1. Insurance
2. › Motor vehicle insurance
3. › Compulsory third party insurance
4. › Joinder of insurer as defendant
5. › Whether insurer may be joined after expiry of limitation period applicable to insured person
6. › Motor Accident Insurance Act 1994 (Qld), ss 34, 37, 52, 57
1. Statutes
2. › Interpretation
3. › Presumption against taking away existing rights
4. › Whether statutory provision impliedly applies limitation period to statutory cause of action
5. › Motor Accident Insurance Act 1994 (Qld), s 52
6. › Limitation of Actions Act 1974 (Qld), s 11
1. Practice and Procedure
2. › Joinder of parties
3. › Addition of defendant after expiry of limitation period
4. › Whether rule against adding defendants out of time applies where no limitation period governs claim against proposed defendant
5. › Uniform Civil Procedure Rules 1999 (Qld), r 69

Quick Take

Section 11 of the Limitation of Actions Act 1974 (Qld) does not bar the joinder of an insurer under s 52 of the Motor Accident Insurance Act 1994 (Qld) after the expiry of the 3-year limitation period, because the statutory claim against the insurer is not an 'action for damages for negligence' within the meaning of s 11. The insurer may be joined at any time before judgment provided the action against the insured person was commenced within time. The term 'final decision in a proceeding' in r 765(2) of the UCPR is broader than 'final judgment' and encompasses a decision striking out a claim that brings it to an end.