Bradford v Darling Downs Bacon Co-operative Association Limited

The case of Bradford v Darling Downs Bacon Co-operative Association Limited was heard in the Queensland Court of Appeal. The plaintiff, Bradford, sought an extension of the limitation period for his cause of action relating to personal injuries sustained in the form of brucellosis, contracted from contact with swine while working at an abattoir. The dispute centred on whether Bradford had taken reasonable steps to ascertain the material facts of his injury and whether the identity of the correct defendant was within his means of knowledge prior to the limitation period.

The court was required to determine whether Bradford had knowledge of the material facts of his cause of action and if he had taken all reasonable steps to ascertain those facts. The legal issue was whether the fact that the action was worthwhile pursuing was within Bradford's means of knowledge. The court also had to consider the limits upon the requirement that the claimant be deemed to have taken advice.

In its judgment, the Court of Appeal found that Bradford had not taken all reasonable steps to ascertain the facts of his injury. The court held that the fact that the action was worthwhile pursuing was not within Bradford's means of knowledge. Consequently, the appeal was dismissed with costs.