The Queensland Court of Appeal overturned the District Court's refusal of leave and granted the applicant leave to bring proceedings notwithstanding non-compliance with the notice requirements in Division 3 of Part 4 of the Motor Accident Insurance Act 1994 (Qld). The decision turned on the particular circumstances of the case, with each member of the Court publishing separate concurring reasons. The case confirms the appellate court's willingness to intervene where a trial court has erred in exercising its discretion to refuse leave under the MAIA.
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