Greenhalgh v Bacas Training Limited & Ors

[2007] QCA 327

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 medical report on extent of injury constituted material fact of decisive character
8. › Whether availability of unequivocal medical evidence as to permanent work restrictions was a new material fact
9. › Limitation of Actions Act 1974 (Qld), ss 30(1)(b), 31(2)(a)
1. Appeal
2. › Application for leave to appeal
3. › Interlocutory decision
4. › Extension of limitation period
5. › Whether decision attended by sufficient doubt to warrant leave
6. › Standard of appellate review of discretionary judgment
7. › District Court of Queensland Act 1967 (Qld), s 118(3)

Quick Take

A medical report providing a definitive statement on permanent work restrictions may constitute a material fact of a decisive character under s 31(2)(a) of the Limitation of Actions Act 1974 (Qld), even where earlier equivocal medical opinions existed, where the earlier opinions did not unequivocally establish that the plaintiff's occupation was permanently jeopardised. The reasonableness of a plaintiff's delay in obtaining such evidence is assessed having regard to the medical advice received and the plaintiff's attempts to continue working.