Mulpha Hotel Pty Ltd v Goff

[2011] QCA 204

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Extension of time in personal injuries matters
4. › Principles upon which discretion exercised
5. › Whether delay caused by conduct of defendant's solicitors
6. › Whether cooperative attitude between parties contributed to delay
7. › Personal Injuries Proceedings Act 2002 (Qld), s 59(2)(b)
1. Limitation of Actions
2. › Limitation of particular actions
3. › Contribution between tortfeasors
4. › Period of limitation for principal action
5. › Whether period allowed by court under personal injuries legislation is a 'period of limitation' for purposes of contribution limitation
6. › Limitation of Actions Act 1974 (Qld), s 40
7. › Personal Injuries Proceedings Act 2002 (Qld), s 59
1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Prejudice from delay
4. › General prejudice
5. › Whether general prejudice from passage of time warranted refusal of extension where defendant on notice of claim and contributed to delay

Quick Take

Where a court allows a person to commence an action after the expiry of the limitation period under s 59(2)(b) of the PIPA, the four-year limitation period for contribution claims under s 40(1)(b) of the Limitation of Actions Act 1974 (Qld) runs from the expiry of the extended period, not the original limitation period. A defendant cannot claim prejudice from loss of contribution rights in such circumstances. The conduct of a defendant's own solicitors in directing a plaintiff to sue the wrong entity is a powerful factor in favour of granting an extension of the limitation period.