Where a claimant's psychiatric condition (such as PTSD) contributes to delay in ascertaining material facts about the severity of injury, the objective reasonableness test under s 30(1)(c) of the Limitation of Actions Act 1974 (Qld) must be applied to a person with the claimant's background and circumstances, including the psychiatric disorder itself. A fact that transforms a claim from one with limited potential return to one with substantial future economic loss (such as advice that the claimant must cease their employment) can constitute a material fact of a decisive character even where the claimant already knew of some injury.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.