The anchor needed to be repositioned inside the fairlead from its temporary position on top. According to the Western Australian coroner’s report, on the morning of Sunday 30 January the deceased and the crew were preparing the anchor preparatory to coming into port at Broome. The vessel left Brisbane on 19 January bound for Broome via northern Australian coastal waters. Between 5 and 19 January 2000 the respondent performed repair work on the vessel in Brisbane. The deceased was the captain of the ship and employed by the company. The Atlantic Dauphin was owned by Bannister Quest Pty Ltd and used as a fishing vessel.They are seeking orders pursuant to PIPA that they be authorised to proceed further with their claim against the respondent. The applicants are residents of Victoria. The applicants are the widow and dependent children of William Herschel Nicholls who died on the vessel Atlantic Dauphin some 310 nautical miles north east of Broome off the coast of Western Australian on 30 January 2000. On 16 June 2003 I made orders giving the applicants leave to commence proceedings against the respondent pursuant to the provisions of the Personal Injuries Proceedings Act 2001 (“ PIPA ”) and now deliver my reasons for doing so. Quinlan Miller and Treston for the respondents John Pfeiffer P/L v Rogerson HCA 36, 21 June 2000 (2000) 203 CLR 503, considered Horinack v Suncorp Metway Insurance Ltd QCA 441 Appeal No 2641 of 2000, 27 October 2000, 2 Qd R 266, followed Inc v Gutnick HCA 56, 10 December 2002 (2002) 77 ALJR 255, considered Personal Injuries Proceedings Act 2001 (Qld), s 6, s 7, s 9, s 18ĭow Jones & Co. LIMITATION OF ACTIONS – CONTRACTS, TORTS AND PERSONAL ACTIONS – PERSONAL INJURY CASES – where deceased was killed on a vessel off the coast of Western Australia – where dependency proceedings commenced in Victoria – where notice of claim delivered outside of three-year limitation period – whether leave should be granted to applicants to commence proceedings under the Personal Injuries Proceedings Act 2001 (Qld) Each party have liberty to apply on three days notice in writing The costs of and incidental to this application be paid by the applicantsĥ. All necessary abridgments of time be granted for the making and hearing of this applicationĤ. Or until further or other order of the court.ģ. (iv) Division 4 of Pt 1 of ch 2 of the PIPA. (iii) Division 2 of Pt 1 of Ch 2 of the PIPA (ii) so much of ss 10-20 inclusive of Division 1 of Pt 1 of Ch 2 of PIPA as is applicable to the claim (b) any proceedings commenced by the applicants pursuant to ss 77D(2)(a) and (3) of the PIPA be stayed until the applicants and respondent comply with. (a) a notice given, or purportedly given, under s 9(1) of PIPA be taken to have been given by the applicants to the respondent on, being the original of the notice of claim exhibited to the Affidavit of David Curtain filed herein The last mentioned authorisation is granted on conditions under s 18(2) of PIPA that, subject to any relaxation from the same which may subsequently be granted by a court. The applicants are authorised to proceed further with claims against the respondent in relation to the death of William Herschel Nicholls on 30 January 2000 (“the claim”), pursuant to s 18(1)(c)(ii) of the Personal Injuries Proceedings Act 2002 (“ PIPA”)Ģ. Nicholls & Ors v Brisbane Slipways and Engineering P/L QSC 193īRISBANE SLIPWAYS AND ENGINEERING PTY LTD ACN 010 840 552ġ.
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