Magarey v Sunshine Coast Hospital and Health Service (Nambour Hospital)

[2022] QCA 189

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation period
3. › Personal injuries
4. › Material fact of decisive character
5. › Means of knowledge
6. › Whether applicant took all reasonable steps to ascertain material fact
7. › Whether leaving matter to solicitors amounts to taking reasonable steps
8. › Limitation of Actions Act 1974 (Qld), ss 30, 31
1. Appeal
2. › General civil appeal
3. › Appeal from refusal to extend limitation period
4. › Whether primary judge erred in finding of fact
5. › Whether primary judge failed to consider delay from appellant's perspective

Quick Take

An applicant for extension of a limitation period under s 31 of the Limitation of Actions Act 1974 (Qld) who relies on solicitors to obtain an expert report must adduce evidence of the contact they had with their solicitors and any follow-up inquiries, particularly where there is a lengthy delay in obtaining the report. It is not a legal principle that an applicant must follow up solicitors, but failure to do so may be a relevant factor in determining whether all reasonable steps were taken under s 30(1)(c)(ii). The onus is on the applicant to adduce evidence relevant to showing the threshold conditions are satisfied; lack of cross-examination is not an excuse for failing to adduce detailed evidence.