Coles Group Limited v Costin

[2015] QCA 140

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation periods
3. › Personal injuries matters
4. › Discretion to extend
5. › Prejudice to defendant
6. › Whether fair trial possible
7. › Whether extension may be granted on conditions
8. › Whether undertaking not to litigate prejudiced aspect of claim is appropriate condition
9. › Limitation of Actions Act 1974 (Qld), s 31(2)
1. Appeal
2. › Right of appeal
3. › District Court of Queensland
4. › Whether claim for personal injury damages is a claim 'for' or 'relating to' property
5. › Whether chose in action constitutes 'property' for purposes of appeal as of right
6. › District Court of Queensland Act 1967 (Qld), s 118(2)(b), s 118(3)
1. Appeal
2. › Leave to appeal
3. › Principles upon which leave granted
4. › Substantial injustice and reasonable argument of error
5. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Admission of further evidence
3. › Evidence not available at hearing
4. › Whether evidence could have been obtained with reasonable diligence
5. › Uniform Civil Procedure Rules 1999 (Qld), r 766

Quick Take

Where a defendant demonstrates significant prejudice in relation to only one aspect of a plaintiff's claim in a limitation extension application, the court may grant the extension on conditions requiring the plaintiff to undertake not to litigate the prejudiced aspect, rather than refusing the extension entirely. Evidence of habit or usual practice by witnesses who cannot recall specific details of training or instruction may be insufficient to overcome a finding of significant prejudice where the plaintiff's allegations relate to matters of detail. A personal injury damages claim is not a claim 'for' or 'relating to' property within s 118(2)(b) of the District Court of Queensland Act 1967, and leave to appeal is required under s 118(3).