Tibbett & Ors v Emberwell Pty Ltd & Anor
[2026] QDC 6 · Porter KC DCJ
Six family members of a woman who died in a car accident near Curra in January 2023 applied to keep their compensation claims alive even though they had not completed the steps required before suing. The deceased was driving for work when the fatal crash occurred. Her three adult children claimed they depended on her and, with her sister, mother and nephew, also claimed nervous shock. The three-year limitation period was about to expire. The court allowed them to start a claim against their mother's employer under the personal injuries rules, which are applied generously. However, the court refused permission to proceed against the vehicle's compulsory third-party insurer, QBE, under the motor accident rules. The judge found there was no good explanation for the long delay in lodging claim notices, most of which were filed only the night before the hearing, little evidence of the claims' value, and a real risk the insurer would be unfairly prejudiced in investigating how the crash happened. The motor accident applications were dismissed and the applicants were ordered to pay QBE's costs.
The applicants relied in part on their lack of sophistication and the fact they had been waiting for the coroner's findings, which were not received until March 2025. The judge accepted that waiting for the coronial report may have explained the delay up to about April 2025, but not the further inactivity after most of the applicants had consulted solicitors. His Honour noted that, once they had consulted lawyers, it was for those lawyers to advise them about their rights and the steps required under the motor accident scheme. That unexplained delay, together with the late notices and possible prejudice to QBE's ability to investigate any vehicle defect, meant the MAIA applications failed despite the ordinary three-year limitation period not yet having expired.
Incident & injury
Death of the applicants' mother (and sister/nephew's relative) in a motor vehicle accident while she was driving in the course of employment; applicants claim dependency and nervous shock arising from her death.
- Body regions
- Psychiatric
- Diagnoses
- Nervous shock
- Incident date
- 23 January 2023
- Location
- Intersection of Glen Eagles Drive and Curra Estate Road, Curra, Queensland
Quick facts
- Date of judgment
- 21 January 2026
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- Occupation
- manual labourer Labourer
Outcome
The court granted the applicants leave under s 43 PIPA to commence proceedings against the first respondent (employer) despite incomplete pre-litigation processes, but dismissed the applications under MAIA s 39(5)(c)/s 57(2)(b) against the CTP insurer (QBE) for all six applicants because they failed to discharge the onus of showing good reason for the delay and an absence of prejudice. The applicants were ordered to pay QBE's costs.
Key issues
Tibbett & Ors v Emberwell Pty Ltd & Anor [2026] QDC 6
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