A positive finding under s 31(2)(a) of the Limitation of Actions Act 1974 (Qld) that a plaintiff had material facts of a decisive character within their means of knowledge before the critical date creates an issue estoppel precluding a second application for extension of time. This is because such a finding is a determination of fact on a statutory threshold, not merely a failure to reach satisfaction or an exercise of discretion. Additionally, where a plaintiff already has sufficient facts to conclude an action is worthwhile, the subsequent emergence of facts enlarging prospective damages does not constitute a material fact of a decisive character.
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