The rationales underlying limitation periods identified in Brisbane South Regional Health Authority v Taylor (loss of evidence, oppression, arrangement of affairs) are of limited relevance to applications under s 59 of the Personal Injuries Proceedings Act 2002 (Qld), because s 59 operates within a statutory regime requiring comprehensive pre-litigation information exchange. Where a complying notice of claim has been given within the limitation period, the key question is whether it would be unfair to the defendant to grant leave, assessed by reference to actual prejudice and the possibility of a fair trial. The insurance position of the proposed defendant and the potential for the claimant to sue their solicitor for negligence are irrelevant to the exercise of the discretion.
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