Hodgson v Dimbola Pty Ltd t/as Towers Removals and Workers Compensation Nominal Insurer (NSW)

[2010] ACTCA 22

ACT Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation period
3. › Personal injury
4. › Material facts of a decisive character
5. › Whether receipt of legal advice is a material fact
6. › Whether test is objective or subjective
7. › Limitation of Actions Act 1974 (Qld), ss 30, 31
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Refusal to extend limitation period
5. › Whether appeal has prospects of success

Quick Take

Under ss 30 and 31 of the Limitation of Actions Act 1974 (Qld), neither the receipt of legal advice nor the quality of legal advice received constitutes a 'material fact of a decisive character' capable of extending the limitation period. The test is entirely objective, assessed on the assumption that competent advice has been received.