Stimpson v O'Toole
[2022] QCA 194 · Bowskill CJ, Mullins JA, Boddice J
Ms Stimpson's de-facto partner was struck by a car while crossing the road in October 2016 and died the next day. She developed post-traumatic stress disorder, anxiety and depression after witnessing the aftermath, and brought a claim for psychiatric injury against the driver and the insurer (Allianz). Liability for the accident was admitted. She later wanted to add a separate claim for loss of financial support (a dependency claim), but her lawyers had not identified it until after the three-year time limit had passed. The insurer argued the dependency claim was out of time. The Court of Appeal agreed that the earlier court order extending time only covered her psychiatric claim, and that a particular court rule did not help her. However, the court used a broader discretion under the Civil Proceedings Act to allow her to add the dependency claim despite the time limit, noting she was blameless, liability was admitted, and the insurer pointed to no real prejudice. The insurer was ordered to pay her costs.
Incident & injury
Plaintiff suffered psychiatric injury after her de-facto partner was struck by a motor vehicle while crossing the road and died the following day; she perceived the aftermath and/or heard about the accident.
- Body regions
- Psychiatric
- Diagnoses
- Post-traumatic stress disorder with associated anxiety and depression, Adjustment disorder with depressed mood
- Incident date
- 8 October 2016
Quick facts
- Date of judgment
- 7 October 2022
- Claim type
- MAIA
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The Court of Appeal granted leave to appeal and allowed the appeal, reversing the primary judge. It held the consent s 57 order did not extend the limitation period for the dependency claim and r 376 UCPR did not apply, but exercised the general discretion under s 16(2) Civil Proceedings Act 2011 to allow the plaintiff to amend her claim to add the dependency claim out of time.
Key issues
Stimpson v O'Toole [2022] QCA 194
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