Peter John Sweeney v Volunteer Marine Rescue Currumbin Inc Defendant & Ors

[2000] QCA 455

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Motor Vehicle Accidents
2. › Compulsory third party insurance
3. › Notice requirements
4. › Leave to commence proceedings nunc pro tunc
5. › Whether s 39(5)(c) confers general discretion despite non-compliance outside limitation period
6. › Whether s 39(5)(c) subject to s 57
7. › Motor Accident Insurance Act 1994 (Qld), ss 34, 37, 39(5)(c), 57
1. Practice and Procedure
2. › Precedent
3. › Intermediate appellate courts
4. › Whether Court of Appeal should depart from its own recent decision
5. › Circumstances warranting departure from previous authority

Quick Take

Section 39(5)(c) of the Motor Accident Insurance Act 1994 (Qld) does not confer a general discretion to grant leave to commence proceedings despite non-compliance with notice requirements where the application is brought outside the limitation period; s 39(5)(c) is subject to s 57. Claimants who fail to give the requisite s 37 notice within the limitation period cannot rely on s 39(5)(c) alone to obtain leave.