February 2012
Swindells v Hosking and Anor [2012] QDC 6 Issues: s.59 PIPA, risk of the property on sale, liability (obvious risk) and quantum Background: The limitation considerations flowed from the late commencement of proceedings and the ambiguity concerning the first s.59 of the Person Injuries Proceedings Act 2002 (“PIPA”) order extending compliance with the pre-proceedings. The...
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Hunt v Lemura & Anor [2012] QSC 7 I refer to my earlier posting regarding the trial decision. The matter returned in relation to costs. The judgment award was more than both the Mandatory Final (“MFO”) offer under s 51C of the Motor Accident Insurance Act 1994 and r.361 of the Uniform Civil Procedure Rules...
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