Under s 31(2)(a) of the Limitation of Actions Act 1974 (Qld), an applicant for an extension of time need not prove the existence of a material fact on the balance of probabilities; the provision is concerned with the composite notion of knowledge of a material fact. A 'bare possibility' — something that could explain an occurrence but has nothing to recommend it over other explanations — does not constitute knowledge of a material fact. However, when a defendant pleads a fact in its defence, the plaintiff gains knowledge of a material fact because the pleading implies the existence of supporting evidence. There is no requirement to take appropriate advice or ask appropriate questions if it would not be reasonable to expect the plaintiff to do so.
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