Hickson v Hail Creek Coal Pty Ltd
[2023] QSC 196 · Brown J
This was a procedural application in a personal injury claim. The plaintiff had filed a claim against the mining company in June 2021, but did so to preserve time while the matter was stayed by agreement so the parties could complete the pre-court steps required under the personal injuries legislation. Because almost two years passed before the plaintiff was ready to serve the claim, it had expired and needed to be renewed by the Court. The defendant had known about the claim since March 2021 and had taken part in a compulsory conference in July 2023. The Court was satisfied there was good reason to renew the claim and that renewing it would not significantly prejudice the defendant, so it allowed the claim to be renewed. This decision did not decide who was at fault or award any compensation, it simply allowed the plaintiff's underlying claim to proceed.
Incident & injury
Not stated, interlocutory application to renew a claim; injury particulars not disclosed in the judgment
Quick facts
- Date of judgment
- 29 August 2023
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The Court granted the plaintiff's ex parte application to renew the claim filed 2 June 2021 under r 24(2) of the UCPR, being satisfied there was good reason for renewal and no significant prejudice to the defendant, which had been aware of the claim since March 2021 and had engaged in the PIPA process.
Key issues
Hickson v Hail Creek Coal Pty Ltd [2023] QSC 196
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