Ireland v Wightman

[2014] SASCFC 52

South Australia Full Court

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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. › What are material facts
6. › Whether fact would have 'major significance on an assessment of the plaintiff's loss'
7. › Limitation of Actions Act 1936 (SA), s 48(3a)(b)
1. Statutes
2. › Interpretation
3. › Context and purpose
4. › Use of extrinsic materials
5. › Second Reading speech to identify mischief and purpose
6. › Whether ambiguity required before resort to extrinsic materials
7. › Limitation of Actions Act 1936 (SA), s 48(3a)(b)
1. Damages
2. › Personal injuries
3. › Assessment of loss
4. › Psychiatric injury
5. › Adjustment disorder with anxiety
6. › Whether psychological injury of major significance where no lost earnings and no further treatment required
7. › Civil Liability Act 1936 (SA), s 53

Quick Take

Under s 48(3a)(b) of the Limitation of Actions Act 1936 (SA), 'major significance' means 'very important' and requires an overall evaluative judgment based on available evidence, primarily measured in relative rather than absolute terms. A psychological injury that has not caused lost work time and requires no further treatment is unlikely to meet the threshold, even where it may increase the total claim by a significant percentage. The assessment does not require a precise mathematical or numerical exercise.