Case notes by topic
extension of time
Case notes tagged “extension of time”.
Newest first
- Litigation & law practice
Employer’s limitation prejudice ruled relevant to only part of claim
Retail giant Coles has failed in an appeal bid to overrule an extension that allows a worker’s injury compensation claim dating from 2005, to proceed to trial.
- Litigation & law practice
WorkCover Claim: Wrist injury onset 18 years after fall, time bar a problem
A millworker injured at a plant operated by the Mackay Sugar co-operative has sued the organisation for an injury sustained in September 1994 for which no witnesses or incident report could be located to verify the fact that the…
- Litigation & law practice
Seafood chef late to court, seeks time extension for starters
A Court has ruled that a worker's severe reading and comprehension disabilities sufficiently explained his 4 year delay in seeking legal advice about the consequences of a negligently caused on-the-job lifting injury.
- Litigation & law practice
Sexagenarian selfie wins limitation extension for legal precinct whack
A self-represented wellness consultant – injured when passing by Santos House in Turbot St on her way to give evidence at the since decommissioned Law Courts complex at North Quay - has gained a limitation extension to pursue a…
- Litigation & law practice
Patron falls flat on buffet claim
A restaurant patron injured when his chair collapsed mid-meal in January 2009, was last week stripped of the right to sue Toowoomba’s legendary Weis restaurant over an out-of-time lawsuit.
- Litigation & law practice
Serial claimant’s ‘mildly mental’ plea to stop compensation clock
A 30-year-old welder injured by a toppling crane in 2004, pleaded mental incapacity as the excuse for a delay until 2010 to commence his compensation lawsuit, contending that the 3 year limitation time clock must be stopped for…
- Litigation & law practice
Worker absolved of sins of delay, lives to fight another day
A seriously injured truck driver "of limited education" has won the right to pursue motor accident compensation damages after a last gasp limitation extension hearing to rectify his lawyers' jurisdiction selection decision.
- Legal profession
Paint tinter’s limitation loss shines light on rights information censorship
The recent Supreme Court failure of a worker's limitation extension application has highlighted once again how the statutory censorship regime that applies in Queensland to lawyer statements about personal injury claims, can…
- Legal profession
“Fobbed off” swim student overcomes solicitor’s neglect to scrape home on leave to proceed win
Despite no satisfactory explanation for a 3 year delay, a 26 yr old plaintiff was this month allowed to proceed with a negligent "schoolyard supervision" claim against the Kedron high school he attended in 2000.
- Litigation & law practice
Third-in-line lawyer fails to take step: adult sexual abuse claim struck out
The plaintiff claimed her massage therapist had misrepresented his qualifications as to “counselling”, had inappropriately advised her on personal relationships and engaged in sexual behaviour & massage during a period from 1995…
- Litigation & law practice
Limitation bar set high…and plaintiffs must carry defendants’ baggage with them
The Court of Appeal reminded plaintiffs on Friday* that the bar to be cleared for an extension of time beyond a limitation period is high and that in each attempt, they bear an additional degree of difficulty by being required to…
- Litigation & law practice
Solicitor hoisted on own petard: oily rag strategy no excuse after 4.5 year lapse
No step taken in his client's contract claim for more than four and a half years proved fatal in an application made by a Toowoomba solicitor for leave to proceed under UCPR rule 389. Proceedings commenced in November 2005.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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