The Court of Appeal held that where a plaintiff commenced proceedings within the six-month extended limitation period under s 57 of the Motor Accident Insurance Act 1994 (Qld) but in contravention of the mandatory waiting period in s 39(5)(a)(i), and failed to seek leave under s 39(5)(c) before the extended limitation period expired, the court lacked jurisdiction to grant leave nunc pro tunc to validate the prematurely commenced proceedings. The majority (Williams JA and Wilson J) upheld the primary judge's dismissal, finding that the power to grant leave under s 39(5)(c) could not be exercised after the limitation period had expired, and that the proceedings commenced in breach of s 39(5) were not validly brought. Jerrard JA dissented, indicating a different view on the availability of relief.
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