Star Aged Living Limited v Lee

[2024] QCA 1

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation periods
3. › Personal injury matters
4. › Material facts of a decisive character
5. › Whether facts not within means of knowledge until after limitation period expired
6. › Critical mass of information sufficient to justify bringing action
7. › Limitation of Actions Act 1974 (Qld), ss 30, 31
1. Limitation of Actions
2. › Extension of limitation periods
3. › Exercise of discretion
4. › Prejudice to defendant from delay
5. › Whether fair trial unlikely
6. › Limitation of Actions Act 1974 (Qld), s 31
1. Appeal
2. › Standard of appellate review
3. › Discretionary decisions
4. › Whether House v The King standard or correctness standard applies to extension of limitation period under s 31
5. › Distinction between discretionary and evaluative decisions

Quick Take

The correctness standard from GLJ does not apply to the discretionary element of s 31 of the Limitation of Actions Act 1974 (Qld); the House v The King standard governs. Additionally, a contended material fact that merely renders an already worthwhile action more worthwhile will not satisfy the s 31(2)(a) prerequisite.