TRG v The Board of Trustees of the Brisbane Grammar School

(2020) 5 QR 440; [2020] QCA 190

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Child sexual abuse claims
3. › Removal of limitation periods
4. › Setting aside prior settlements
5. › Whether just and reasonable to set aside settlement
6. › Relevant factors in exercise of discretion
7. › Whether influence of expired limitation period must be dominant factor
8. › Limitation of Actions Act 1974 (Qld), s 48(5A)
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Purposive approach
5. › Ascertainment of legislative purpose from extrinsic materials
6. › Whether parliamentary speeches support construction contended for
7. › Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016 (Qld)
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 new evidence of complaints to school principal constituted material fact of decisive character
6. › Whether limitation issue materially affected settlement
7. › Limitation of Actions Act 1974 (Qld), ss 11, 31
1. Appeal
2. › General civil appeal
3. › Appellate review of findings of fact
4. › No oral evidence at trial
5. › Whether appellate court in as good a position as trial judge to draw inferences
6. › Warren v Coombes (1979) 142 CLR 531

Quick Take

Practitioners advising on applications under s 48(5A) must demonstrate that the limitation issue materially influenced the settlement; the mere fact that a settlement was entered into after the limitation period expired does not create a presumption in favour of setting it aside, and the court must balance all relevant factors including the fairness of the settlement process and the prospects of the underlying claim.