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ARTICLE · 17 MARCH 2014

Nominal Defendant wins recovery test case on limitation periods

Cooper Grace Ward
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A recent decision of the Queensland District Court has clarified the limitation period for recoverable sums.

AustraliaInsurance
Tony Park
Tony Park
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Nominal Defendant v Star Motorcycles Pty Ltd & Anor [2014] QDC 41

A recent decision of Judge Dorney QC of the Queensland District Court has clarified the limitation period for recoverable sums under section 60 of the Motor Accident Insurance Act 1994 (Qld) ('MAIA').

By way of background, on 15 November 2003 a motorcycle collision caused an injury to the claimant resulting in the original personal injuries action. The rider of the other motorcycle was an employee of Star Motorcycles, and was riding an unregistered motorcycle that was owned by his employer. Nominal Defendant paid damages to the claimant for his injuries and sought to recover that amount from Star Motorcycles Pty Ltd.

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