McMeekin J has granted an extension of the limitation period for a personal injuries claim where the respondents alleged prejudice in various forms. His Honour found that relevant prejudice was not established where the respondents had not sought out potential relevant witnesses, or by mere assertion without substantive proof that documents could not be found, or where records had not been found because of inadequate filing systems and inadequate searches of them. The initial onus was on the respondents to prove “significant” prejudice that was as a result of delay.
List member Geoffrey Diehm QC appeared for the successful applicant. See the decision here: http://archive.sclqld.org.au/qjudgment/2017/QSC17-133.pdf
