John v Millenium Hi-Tech Group Pty Ltd
[2025] QDC 33 · Byrne KC DCJ
In this case, the District Court allowed a shopping centre slip-and-fall claimant to proceed against the centre’s cleaning contractor as a second respondent to her claim, even though the limitation period had expired. The claimant had started her claim on time and, through her solicitors, attempted to join the cleaning contractor under the PIPA process, but her solicitor failed to properly protect the limitation period when no response was received to a request for an extension. The Court found the claimant herself had acted diligently and that the contractor had effectively accepted its involvement in the claim by corresponding as a respondent and making an offer under PIPA. While the contractor argued it would be prejudiced by the delay, the Court considered that much of that prejudice arose from its own mistaken belief that it had not been properly joined and noted that CCTV footage and records still existed. Balancing those factors, Byrne KC DCJ held that the interests of justice favoured granting leave under s 59(2) of the Personal Injuries Proceedings Act 2002 (Qld) so the claim could continue despite being out of time.
Incident & injury
Slipped and fell while walking through a shopping centre, injuring right knee
- Body regions
- Knee / lower leg, Right knee (Right)
- Incident date
- 14 October 2019
- Location
- Shopping centre (QIC Active Retail Property Fund premises)
Quick facts
- Date of judgment
- 17 March 2025
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
Application for leave under s 59(2) of PIPA granted, permitting the applicant to commence proceedings against the contracted cleaner notwithstanding expiry of the limitation period. The court found a complying part 1 notice had been served, the applicant herself was not at fault, and the prejudice asserted by the respondent was largely ameliorated by the existence of CCTV footage and records.
Key issues
John v Millenium Hi-Tech Group Pty Ltd [2025] QDC 33
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