Morris v State of Qld

[2004] QCA 371

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Postponement of the bar
3. › Extension of period
4. › Cause of action in respect of personal injuries
5. › Knowledge of material facts
6. › Material facts of decisive character
7. › Whether material fact of decisive character was within appellant's means of knowledge prior to relevant date
8. › Limitation of Actions Act 1974 (Qld), s 31

Quick Take

For the purposes of s 31 of the Limitation of Actions Act 1974 (Qld), the decisive material fact of a decisive character in a personal injury claim based on psychiatric injury is the significant impact the condition is likely to have on the claimant's future career and associated economic loss, not the final medical confirmation of total incapacity. Knowledge of the need for sheltered work and inability to perform normal duties, combined with retention of solicitors who appreciated the urgency of proceedings, is sufficient to bring the material facts within the claimant's means of knowledge.