In limitation extension applications under ss 30-31 of the Limitation of Actions Act 1974 (Qld), knowledge of a legal right to claim common law damages is not a 'material fact of a decisive character'; the relevant material facts are those necessary to show the negligent character of the defendant's acts or omissions, including facts about the employer's knowledge or means of knowledge of the danger. The 'means of knowledge' test under s 30(1)(c) is subjective and requires examination of the claimant's personal actions and the reasonableness of the steps actually taken, not a hypothetical assumption that all necessary expert advice has already been obtained. Where both parties concurred in placing a false issue before the primary judge in an interlocutory application, the matter may be remitted for rehearing rather than simply dismissed.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
4 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.