Cayley v Gladstone Regional Council
[2023] QSC 195 · Crow J
Ms Cayley was injured in September 2020 when her car lost traction on loose gravel left on a road after roadworks near Bundaberg, causing her to lose control and hit a tree. She gave her injury claim to the Gladstone Regional Council promptly, but the claim then stalled — partly because the Council failed to meet its own response obligations, and partly because Ms Cayley's lawyers held the claim in abeyance while her injuries stabilised. With the three-year limitation period about to expire, she applied to the court for permission to start court proceedings later than usual. The court found there was no real prejudice to the Council, that the Council had been more at fault for the delay than Ms Cayley, and that her injuries had not stabilised until 2023. The judge granted leave to commence proceedings within 60 days of a compulsory conference, but ordered Ms Cayley to pay the Council's costs of the application. This was a procedural ruling and did not decide the underlying claim or any damages.
Despite this claim being related to a motor vehicle, it was brought under PIPA and not the MAIA because the negligence was alleged against a council and not another insured driver.
Incident & injury
Single motor vehicle accident — the applicant lost traction on loose gravel left on the road from recent roadworks, lost control and struck a tree
- Body regions
- Multiple regions / generalised
- Incident date
- 3 September 2020
- Location
- Tablelands Road near Essenden Bridge, near Bundaberg
Quick facts
- Date of judgment
- 28 August 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court granted the applicant leave under s 59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld) to commence proceedings within 60 days of a compulsory conference (or agreement/order dispensing with it). The applicant was ordered to pay the respondent's costs on a standard basis.
Defendant
1 Gladstone Regional Council
Local government / road authority (occupier)
- Judgment against this defendant
- $0
Key issues
Cayley v Gladstone Regional Council [2023] QSC 195
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