The Court granted leave nunc pro tunc under s 79(1) of the Civil Law (Wrongs) Act 2002 (ACT) to commence personal injury proceedings despite non-compliance with Chapter 5 pre-court procedures, principally to avoid limitation issues arising from the third plaintiff's age. The Court criticised both parties for lack of forensic diligence — the plaintiffs' solicitors for a nearly two-year delay in responding to correspondence, and the defendants for failing to use powers under s 78 to compel compliance. The Court declined to align the stay of proceedings with the conclusion of an ongoing coronial inquest, instead imposing a four-month stay, noting the two processes could continue in tandem as coronial findings have no binding effect in civil proceedings.
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