Wrightson v Qld

[2005] QCA 367

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 facts within means of knowledge were of decisive character at critical date
8. › Whether acceptance of retirement on medical grounds constituted new material fact of decisive character
9. › Whether risk to mental health of commencing proceedings relevant to decisive character
10. › Limitation of Actions Act 1974 (Qld), ss 30, 31
1. Limitation of Actions
2. › Postponement of the bar
3. › Extension of period
4. › Construction of statutory provisions
5. › Whether material fact known before critical date can become decisive after that date
6. › Comparison with NSW provisions
7. › Limitation of Actions Act 1974 (Qld), s 31(2)(a)
8. › Limitation Act 1969 (NSW), ss 57B(1), 58(2)

Quick Take

The correct question under s 31(2)(a) of the Limitation of Actions Act 1974 (Qld) is when the material facts within the applicant's means of knowledge became of a decisive character, not when a material fact first came within the applicant's means of knowledge. Material facts may become of a decisive character after the critical date where a reasonable person, taking the applicant's circumstances into account, would not have concluded the applicant ought to bring proceedings before that date. The risk that commencing proceedings could cause deterioration in an applicant's mental health is a relevant circumstance under s 30(1)(b)(ii).