Stimpson v O'Toole & Anor

[2022] QCA 194

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Motor vehicle accident claims
3. › Extension of limitation period
4. › Order under s 57(2)(b) Motor Accident Insurance Act 1994 (Qld)
5. › Whether order extending time for non-fatal injury claim also extended time for dependency claim arising from same accident
6. › Motor Accident Insurance Act 1994 (Qld), ss 4, 37, 57
1. Practice and Procedure
2. › Amendment of pleadings
3. › Addition of new cause of action after expiry of limitation period
4. › Relationship between r 376 UCPR and s 16 Civil Proceedings Act 2011 (Qld)
5. › Whether s 16(2) confers broad discretion to permit amendment where r 376 does not apply
6. › Whether grant of leave under s 16(2) deprives defendant of limitation defence
7. › Civil Proceedings Act 2011 (Qld), s 16
8. › Uniform Civil Procedure Rules 1999 (Qld), r 376, r 387
1. Practice and Procedure
2. › Amendment of pleadings
3. › Relevant period of limitation under r 376(1) UCPR
4. › Whether altered limitation period under s 57(2)(b) Motor Accident Insurance Act 1994 (Qld) constitutes the 'relevant period of limitation'
5. › Uniform Civil Procedure Rules 1999 (Qld), r 376(1)

Quick Take

Where r 376 of the UCPR does not apply to a proposed amendment adding a new cause of action (because the limitation period for the new cause of action had expired before the proceeding was commenced), the broad discretion under s 16(2) of the Civil Proceedings Act 2011 (Qld) remains available. A successful application under s 16(2) deprives the defendant of the limitation defence. The availability of a professional negligence claim against the applicant's solicitors does not weigh against a blameless applicant in the exercise of the discretion.