Jonathan v Mangera & Anor

(2016) 75 MVR 143; [2016] QCA 86

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Limitation of Actions
3. › Extension of time
4. › Motor vehicle accident claims
5. › Discretion to extend limitation period
6. › Whether good reason shown for extension
7. › Whether conscientious effort to comply with statutory requirements
8. › Motor Accident Insurance Act 1994 (Qld), s 57(2)(b)
1. Appeal
2. › Leave to appeal
3. › District Court of Queensland
4. › Whether error demonstrated in exercise of discretion
5. › District Court of Queensland Act 1967 (Qld), s 118(2), s 118(3)
1. Appeal
2. › Fresh evidence on appeal
3. › Whether fresh evidence should be admitted
4. › Whether evidence could have been obtained with reasonable diligence
5. › Whether evidence would have important influence on result
6. › Whether evidence apparently credible
7. › Uniform Civil Procedure Rules 1999 (Qld), r 766(1)(c)

Quick Take

A claimant who withdraws from contact with solicitors for approximately two years without explanation, fails to attend a scheduled independent medical examination, and shows indifference to the urgency of an expiring limitation period will not satisfy the requirement of 'conscientious effort to comply' with the Motor Accident Insurance Act 1994 (Qld) and will not obtain an extension under s 57(2)(b). The risk of prejudice to an insurer from the inability to obtain timely medical examination, particularly where the claimant's own specialists produced inconsistent findings, is a significant factor weighing against extension.