Long v Gaincrew Pty Ltd [1999] NSWSC 561

Long v Gaincrew Pty Ltd [1999] NSWSC 561

The appeal was dismissed because no initiating process joining Dr Fallowfield and the State of Queensland was filed in the original proceeding within the extended limitation period; the appellant's new argument based on the filing of a statement of claim in a separate proceeding was not tendered before the Master and could not be raised on appeal under established procedural principles.

Parties
Appellant: John Long; Respondent: Gaincrew Pty Ltd; Respondent: Marina Medical Pty Limited; Respondent: Mossman Hospital; Proposed Respondent: Dr Fallowfield; Proposed Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
30 July 1999
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Extension of Limitation Period, Personal Injury, Negligent Medical Treatment
Civil Litigation Limitation of Actions Extension of Limitation Period Personal Injury Negligent Medical Treatment

Case Brief

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Parties

John Long

Appellant

Gaincrew Pty Ltd

Respondent

Marina Medical Pty Limited

Respondent

Mossman Hospital

Respondent

Dr Fallowfield

Proposed Respondent

State of Queensland

Proposed Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the limitation period under the Queensland Limitation of Actions Act 1974 should be extended to allow proceedings against Dr Fallowfield and the State of Queensland.
  2. 2 Whether initiating process or amended statement of claim was filed within the extended limitation period.

Ratio Decidendi

The appeal was dismissed because no initiating process joining Dr Fallowfield and the State of Queensland was filed in the original proceeding within the extended limitation period; the appellant's new argument based on the filing of a statement of claim in a separate proceeding was not tendered before the Master and could not be raised on appeal under established procedural principles.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.