Martens v Stokes & Anor [2012] QCA 36

I refer to my earlier posting wherein Jones J dismissed the claim for want of complying with the Personal Injuries Proceedings Act 2002 (PIPA).

Margaret Wilson AJA spoke for the Court of Appeal and dismissed that part of the appellant’s appeal which related to a claim for personal injuries because of non-compliance with PIPA. In so doing, her Honour rejected the appellant’s submission that the injury was not a personal injury because the definition of ‘incident’ was limited to “a positive act of short duration”.

Otherwise, her Honour reviewed the history and legislative intent of PIPA, together with its application to the Commonwealth and agencies, such as the AFT and determined there was no jurisdictional limitation or inconsistency in its application.

Ultimately, the appeal was allowed insofar as striking out of the statement of claim. The appellant was allowed time to file a claim in relation to such causes of actions, which were not founded on damages for personal injuries.

Brisbane Barrister – David Cormack


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