Muir v Franklins Ltd

[2001] QCA 173

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › POSTPONEMENT OF THE BAR
3. › PERSONAL INJURIES ACTION
4. › respondent successful in the District Court in extending the period of limitation in an action for personal injuries against the applicant
5. › applicant sought leave to appeal
6. › whether error in fact finding and evaluation of evidence
7. › whether the onus misapplied as to the question of prejudice to the applicant
8. › time at which prejudice considered.
1. Limitation of Actions Act 1974 (Qld), s30, s31
1. Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541, followed
1. Carlowe v Frigmobile Pty Ltd [1999] QCA 527; Appeal No 1512 of 1999, 22 December 1999, considered

Quick Take

The Queensland Court of Appeal granted leave to appeal but dismissed the appeal against a District Court order extending the limitation period for a personal injuries claim under ss 30-31 of the Limitation of Actions Act 1974 (Qld). The Court found no error in the primary judge's fact-finding, evaluation of evidence, or application of the onus regarding prejudice to the defendant, applying the framework from Brisbane South Regional Health Authority v Taylor. The timing at which prejudice to the applicant is assessed was considered but did not disclose appealable error.