Dunbabin v Camilleri

Incident & injury

Assault by neighbour following road altercation — respondent struck applicant and kicked car door closed onto applicant's right arm, causing fractures

Body regions

Right arm, Psychiatric

Diagnoses

Fractures to right arm, Psychiatric injury

Incident date

21 October 2016

Location

Ocean Crest Place, Alexandra Headland

Outcome

Application by injured neighbour for leave to commence proceedings out of time under s 59(2)(b) PIPA dismissed. Although a compliant Notice of Claim had been served within the limitation period, the court found the applicant had not demonstrated conscientious effort to comply with PIPA procedures, and the importance of preserving the uninsured respondent's limitation defence outweighed the competing considerations.

Key issues

• Limitation extension
• PIPA s 59(2)(b)
• Pre-court procedures
• Uninsured respondent
• Conscientious effort to comply
• Compulsory conference dispensation