Burgess v Sanbray Pty Ltd [2017] QDC 132 involved an application seeking an extension of the limitation period under the Limitation of Actions Act 1974 in respect of a lower back injury suffered by the applicant whilst attempting to move a pallet of aluminium extrusions using fridge trolleys. The Court accepted the material fact relied on by the applicant, being that the injury to the back had been serious enough to lead to a reduction in the applicant’s ability to work in the long term, so that he could not continue his then current employment. The Court had regard to the substantial difference in medical advice received by the applicant in December 2010 compared to that provided in January 2016. The Court then considered that the material fact was of a decisive character because the applicant’s solicitor had correctly expressed the opinion that it would not have been economically viable for the applicant to commence a claim for damages at any time prior to January 2016. The Court lastly considered that the fact was not within the means of knowledge of the applicant, finding that it was reasonable for the applicant not to have sought further specialist medical opinion until the different symptoms developed in January 2016. As such, the Court’s discretion to extend the limitation period arose and it was considered appropriate to extend the limitation period to 13 January 2017. Hemmant’s List’s Jessica McClymont appeared for the successful applicant. See the judgment here: http://archive.sclqld.org.au/qjudgment/2017/QDC17-132.pdf
