Section 43 of the Personal Injuries Proceedings Act 2002 (Qld) can operate even after the limitation period has expired, but the majority requires the applicant to demonstrate a reasonably arguable case for an extension of the limitation period under s 31(2) of the Limitation of Actions Act 1974 (Qld), not merely speculative prospects. The dissent would have required only realistic, not merely fanciful, prospects. The question of the precise threshold remains contested.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.