Court of Appeal

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Edwards v Romaguera & Anor [2016] QCA 016 (15/3957) Holmes CJ and Margaret McMurdo P and Gotterson JA 09/02/2016

Full-text: QCA16-016.pdf

Catchwords

PROCEDURE – where the appellant brought an action for damages for personal injuries – where the appellant’s application to an applications judge for leave to amend his statement of claim was refused – where the appellant contended on appeal that the hearing of the application should have been adjourned by reason of his ill health and disadvantage as an unrepresented litigant – where no application was made for an adjournment at first instance – where the application had previously been adjourned – whether the application judge erred in refusing an adjournment

PROCEDURE – where the appellant brought an action for damages for personal injuries – where the appellant’s application to an applications judge for leave to amend his statement of claim was refused – where a request for trial date had already been signed – where an amendment in relation to loss of ability to earn income would have necessitated the attainment of further medical and accounting evidence – whether other proposed amendments were adequately particularised or necessary – whether the applications judge erred in refusing to grant leave to amend the appellant’s statement of claim

PROCEDURE – where the appellant brought an action for damages for personal injuries – where the appellant applied for an order for reimbursement of costs under ss 42(1) and 52(1) of the Motor Accident Insurance Act 1994 (Qld) – where the appellant contended that the applications judge should have examined every head of expense with him in the course of the hearing – where the order sought reimbursement of the costs of future treatment – whether the application was misconceived – whether the applications judge erred in refusing the application