Angus v Cornelius & Suncorp Metway [2007] QCA 190

In Angus v Cornelius & Suncorp Metway [2007] QCA 190, the respondent requested a statutory declaration pursuant to s45 of the Motor Accident Insurance Act 1994, after proceedings had been commenced and after mediation.  The appellant refused, arguing that it was not a reasonable request and that the questions constituted interrogatories and leave would need to be granted pursuant to the UCPR to do this.

The primary judge ordered the appellant to provide the information, and the appellant appealed the decision.  In ordering the appellant to provide the requested information, the Court of Appeal held that s45(3) expressly states that the obligation to provide information continues until the claim is resolved.  The appellant argued that it was the delay in asking the question at this stage of proceedings that was the issue.  The Court held that the questions were relevant and the appeal was consequently dismissed with costs.