DISTRICT COURT OF QUEENSLAND
CITATION:
AB v State of Queensland & another [2021] QDC 171
PARTIES:
AB
(Applicant)
v
STATE OF QUEENSLAND
(First Respondent)
AND
LIFE WITHOUT BARRIERS (ACN 101252171)
(Second Respondent)
FILE NO:
585/21
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
Brisbane District Court
DELIVERED ON:
22 July 2021
DELIVERED AT:
Brisbane
HEARING DATE:
22 July 2021
JUDGE:
Porter QC DCJ
ORDERS:
1. The Application is dismissed.
2. The applicant pay the first and second respondents’ costs of the Application on the standard basis, including costs reserved by Rinaudo DCJ AM on 4 May 2021.
CATCHWORDS
LIMITATIONS OF ACTION - PERSONAL INJURIES - EXTENSION OF TIME - application for order pursuant to s. 31 Limitations of Actions Act 1974 that the period of limitation be extended - where the plaintiff applicant claims against the first and second defendants in negligence for personal injury and consequential loss - where the plaintiff applicant suffered nervous shock following the discovery of sexual and physical assaults allegedly suffered by her daughter and allegedly perpetrated by a young man who had been placed in the plaintiff applicant’s household pursuant to a foster parent scheme administered - whether the applicant can show that the material fact of a decisive nature relied upon was within her means of knowledge prior to the relevant date
CASES:
Ferrier v WorkCover Queensland [2019] QSC 11
NF v State of Queensland [2005] QCA 110
State of Queensland v Stevenson (2006) 226 CLR 197
Sugden v Crawford [1989] 1 Qd R 683
LEGISLATION:
Limitation of Actions Act 1974 (Qld), s. 31
Personal Injuries Proceedings Act 2002 (Qld), s. 43
Uniform Civil Procedure Rules 1999 (Qld), Rule 166
COUNSEL:
B. Dooley SC for the applicant
M. Zerner for the first respondent
G. O’Driscoll for the second respondent
SOLICITORS:
Shine Lawyers for the applicant
Crown Law for the first respondent
Colin Biggers & Paisley Lawyers for the second respondent
Introduction
This is an application by the plaintiff in proceedings 585/21 that the period of limitation for her claim against the first and second defendants in these proceedings be extended to 16 March 2021, pursuant to s. 31 of the Limitation of Actions Act 1974 (Qld) (LAA). That date has been chosen evidently as being a date some days after the filing of her claim and statement of claim in these proceedings.
The claim and statement of claim contain a claim against the first and second defendants in negligence for personal injury and consequential loss in the amount of the maximum monetary limit of this Court. The claim, broadly characterised, is one for nervous shock, following the discovery of sexual and physical assaults alleged in the proceedings to have been suffered by her daughter when very young (CD), allegedly perpetrated by a young man (XY) who, at the time, was about 17 and who had been placed in the household of the plaintiff applicant (AB) by the second respondent, Life Without Barriers, pursuant to a foster parent…
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- Case
- [2021] QDC 171
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the plaintiff could demonstrate that the material facts of a decisive nature relied upon in her claims were not within her knowledge before the limitation period expired. This required the court to examine the contents of the two reports and determine if they constituted new information that was not previously known to the plaintiff. The court had to consider whether the plaintiff could have reasonably discovered the information contained in the reports before the limitation period ended, and whether this information was critical to her claims.
In determining the application, the court found that the plaintiff had not successfully demonstrated that the facts in the two reports were material and decisive in her claims. The court noted that the flaws in the decision-making process that led to the placement of the young man in the plaintiff's household were already evident from the information known to the plaintiff prior to receiving the reports. The court concluded that the plaintiff should have been able to plead these issues without the reports and that the failure to do so exposed her to the risk of the court finding that the extension of the limitation period was unjustified. Additionally, the court considered the Freedom of Information material, which further supported the view that the plaintiff could have reasonably known the critical information without needing the reports.
The court dismissed the plaintiff's application for an extension of time, holding that the plaintiff had not shown that the material facts of a decisive nature were unknown to her before the limitation period expired. The plaintiff was ordered to pay the respondents' costs of the application on the standard basis.
Orders
Orders of the court
1. The Application is dismissed.
2. The applicant pay the first and second respondents’ costs of the Application on the standard basis, including costs reserved by Rinaudo DCJ AM on 4 May 2021.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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