The test for whether a material fact of a decisive character was within the applicant's means of knowledge under s 30(b) of the Limitation of Actions Act 1974 (Qld) requires assessment of whether a reasonable person, knowing what the plaintiff knew and having taken appropriate advice, would have regarded the facts as showing a right of action with reasonable prospects of success resulting in damages sufficient to justify bringing the action. Persistent and recurring pain, extensive physiotherapy treatment over several years, and the wearing of a brace may constitute sufficiently serious warning signs that a reasonable person would have sought legal and medical advice, even where the plaintiff subjectively believed the condition was not serious or permanent. There is no requirement to take appropriate advice if in all the circumstances it would not be reasonable to expect a reasonable person in the plaintiff's shoes to have done so.
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