Bates v Australia Meat Holdings P/L

SUPREME COURT OF QUEENSLAND

CITATION:

Bates v Australia Meat Holdings P/L [2001] QSC 262

PARTIES:

GENENE MARIE BATES
(applicant)
v

AUSTRALIA MEAT HOLDINGS PTY LTD
ACN 011 062 338
(respondent)

FILE NO:

4099 of 2001

DIVISION:

Trial Division

DELIVERED ON:

25 July 2001

DELIVERED AT:

Brisbane

HEARING DATE:

17 July 2001

JUDGE:

Mullins J

ORDER:

The period of limitation for the action proposed to be brought by the applicant against the respondent be extended so that it expires 1 year after 6 August 2000.

CATCHWORDS:

LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – PERSONAL INJURY – whether a material fact of a decisive character was within means of knowledge.

Limitation of Actions Act 1974

Carlowe v Frigmobile Pty Ltd [1999] QCA 527 (22 December 1999)
Goebel v Cameron Pastoral Company [2000] QSC 408 (9 November 2000)
Pizer v Ansett Australia Ltd [1998] QCA 298 (29 September 1998)

COUNSEL:

M Morrisey with JM Barnett for the applicant
M Grant-Taylor SC for the respondent

SOLICITORS:

Watling Roche Lawyers for the applicant
Thompson Hannan for the respondent

1. MULLINS J: The applicant applies pursuant to s 31 of the Limitation of Actions Act 1974 ("the Act") for an extension of the limitation period applicable to the applicant's cause of action which she alleges arises out of her contracting the disease Q Fever in the course of her employment with the respondent in or around June or July 1993.

Facts

1. The applicant was born on 24 March 1963.  She commenced employment with the respondent at its meatworks in Townsville on 8 May 1989.  The applicant worked on the slaughter floor and in the boning room, pet food offal room, tripe room and offal room.  The applicant was tested for Q Fever and bucella serology on 27 July 1991 and was negative for both.

1. Around the end of June or July 1993 the applicant began to feel ill and had several weeks off work staying in bed.  On 27 September 1993 the applicant saw Dr Peterson who was employed by the respondent.  On 30 September 1993 the applicant had blood tests at the direction of the respondent which revealed serological evidence of past infection with Q Fever. 

1. On 20 October 1993 the applicant applied for workers' compensation.  Dr Peterson gave a medical certificate dated 20 October 1993 stating that the applicant was suffering from Q Fever endocarditis.  That was the description of the injury shown in the application for compensation.  The applicant unsuccessfully endeavoured to return to work on 22 November 1993.  The applicant applied to re-open her compensation claim from 22 November 1993.  Cardiologist Dr Thoreau examined the applicant and considered that the applicant's heart murmur was congenital and unrelated to Q Fever.  The Workers' Compensation Board also sent the applicant to Dr Whitby, consultant physician in infection, who examined the applicant in or around late December 1993. 

1. The applicant received a letter from the Board dated 1 February 1994 which rejected her claim for compensation which was accompanied by a statement of reasons.…