Dunbabin v Camilleri
[2021] QDC 9 · Long SC DCJ
Brian Dunbabin, then 67, was assaulted by his neighbour during a road altercation near Alexandra Headland in October 2016. The neighbour struck him and kicked his car door closed onto his right arm, fracturing it. The neighbour later pleaded guilty to a criminal assault charge. Dunbabin gave a proper notice of claim within the three-year limitation period but did not finish the required pre-court steps, including a compulsory settlement conference, before the period expired in October 2019. He asked the District Court for permission to start court proceedings late. The court refused. It found Dunbabin had not shown a conscientious effort to move his claim along and had not explained the lengthy delays. The court gave particular weight to the fact the neighbour was uninsured and personally exposed to any liability, so allowing the late claim would strip him of a genuine limitation defence. The application was dismissed, meaning Dunbabin's personal injury claim against his neighbour cannot proceed.
Incident & injury
Assault by a neighbour following a road altercation; the respondent struck the applicant while in the driver's seat and kicked the car door closed onto his right arm, causing fractures.
- Body regions
- Elbow, Right arm, Psychiatric (Right)
- Diagnoses
- Fractures to right arm, Psychiatric injury
- Incident date
- 21 October 2016
- Location
- Alexandra Headland, Queensland
Quick facts
- Date of judgment
- 29 January 2021
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 67
- Occupation
- Not stated
Outcome
The court dismissed the applicant's application under s 59(2)(b) of the Personal Injuries Proceedings Act to commence proceedings out of time. The court found the applicant had not demonstrated good reason, particularly given the uninsured respondent's importance in relying on the limitation defence and the lack of conscientious effort to complete pre-court procedures.
Key issues
Dunbabin v Camilleri [2021] QDC 9
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