Brewer v Blasdom P/L

Lester Robert Brewer applied to the Supreme Court of Queensland for an extension of time to commence proceedings against Blasdom P/L, his former employer, for negligence that allegedly caused him a permanent disability. Brewer's case was that he was injured in 1987 when a crane he was operating was struck by lightning, causing him to fall and injure himself. Brewer did not realise the extent of his injury at the time and believed he had fully recovered. He was injured again in 1993, which led him to seek legal advice and discover that his first injury had caused him permanent disability. The limitation period for commencing proceedings had expired, so Brewer sought an extension of time under the Limitation of Actions Act 1974. The main legal issue before the court was whether the plaintiff could establish that he was unaware of a material fact necessary to his cause of action until within 12 months of applying for an extension, and whether the delay in commencing proceedings would cause significant prejudice to the defendant. The court found that the plaintiff had failed to discharge the onus on him of establishing on the balance of probabilities that the delay would not result in significant material prejudice to the defendant. The court noted that the delay had caused difficulties for the defendant in locating witnesses and evidence, and that the death of some witnesses and the lack of recollection of others had made it possible that the defendant would be disadvantaged at trial. The court dismissed the plaintiff's application for an extension of time.