Hargans v Kemenes & Anor

[2011] QCA 251

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. › Knowledge of material facts of decisive character
5. › Whether onset of symptoms constituted new material fact of decisive character
6. › Whether facts already known to applicant
7. › Limitation of Actions Act 1974 (Qld), ss 30, 31(2)
1. Limitation of Actions
2. › Extension or postponement of limitation periods
3. › Extension of time in personal injuries matters
4. › Reasonable steps taken to ascertain facts
5. › Whether reasonable for applicant not to seek further medical or legal advice
6. › Limitation of Actions Act 1974 (Qld), s 30(1)(c)
1. Appeal
2. › Standard of appellate review
3. › Appeal from refusal to extend limitation period
4. › Whether findings of fact and statutory satisfaction involve questions of degree
5. › Whether appellate court free to substitute own view

Quick Take

Where a claimant has received specific medical advice restricting their employment to non-physical work, the subsequent onset of symptoms during physical activity will not constitute a new 'material fact of a decisive character' under s 31(2) of the Limitation of Actions Act 1974 (Qld), because the restriction on employment prospects was already within the claimant's means of knowledge. Specific medical advice to 'consider a desk job' is a warning sign that calls for prudent inquiry to protect legal rights, even where the claimant is young and has a difficult personal background.