The Queensland Court of Appeal (McPherson JA and Muir J, Atkinson J dissenting) dismissed the appellant's appeal against refusal to extend the limitation period for a personal injury claim arising from historical abuse by the Sisters of Mercy and others. The majority held that a psychiatric report did not constitute a 'material fact of a decisive character' under s 31(2)(a) of the Limitation of Actions Act 1974 (Qld) sufficient to extend time, and that the third defendant (State of Queensland) would suffer significant prejudice due to the lapse of approximately 25 to 30 years. The dissent of Atkinson J indicates the application of these principles to historical abuse cases was contested on the facts.
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