A plaintiff's belief, even a firm belief, that a defendant knew of a risk does not constitute knowledge of that fact for the purposes of s 30(1)(c)(i) of the Limitation of Actions Act 1974 (Qld) where the belief is not supported by evidence. The possibility that a plaintiff might obtain admissions by commencing proceedings and pleading a case is not relevant to whether a material fact was within the plaintiff's means of knowledge under s 30(1)(c)(ii). The decisive character of a material fact must be assessed by reference to the plaintiff's actual circumstances, including mental health, and the formidability of the litigation task without the fact in question.
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