SUPREME COURT OF QUEENSLAND
CITATION: Carlowe v Frigmobile P/L [1999] QCA 527 PARTIES: CEDRIC CARLOWE
(plaintiff/respondent)
v
FRIGMOBILE PTY LTD ACN 000 196 618
(defendant/appellant)FILE NO: Appeal No 1512 of 1999
SC No 8806 of 1998DIVISION: Court of Appeal PROCEEDING: General Civil appeal ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON: 22 December 1999 DELIVERED AT: Brisbane HEARING DATE: 9 November 1999 JUDGES: Pincus JA, Thomas JA and Atkinson J
Joint reasons for judgment of Thomas JA and Atkinson J; separate reasons of Pincus JA dissenting.ORDER: Appeal dismissed CATCHWORDS: LIMITATION OF ACTIONS – CONTRACTS, TORTS AND PERSONAL ACTIONS – PERSONAL INJURY CASES – where respondent commenced an action for personal injuries suffered during employment with appellant – where respondent later conclusively diagnosed with psychiatric as well as physical injuries – whether extension of time should be granted to allow respondent to commence an action for psychiatric injuries.
Anti-Discrimination Act 1991 (Qld)
Limitation of Actions Act 1974 (Qld), s 30, s 31Brisbane South Regional Health Authority v Taylor (1997) 186 CLR 541, referred to
Byers v Capricorn Coal Management Pty Ltd [1990] 2 QdR 306, followed
Dick v University of Queensland [1999] QCA 474, CA No 3204 of 1999, 12 November 1999, followed
Hicks v State of Queensland [1998] 1 QdR 644, referred to
Moriarty v Sunbeam Corporation Ltd [1988] 2 QdR 325, followed
Pizer v Ansett Australia Ltd [1998] QCA 298, CA No 6807 of 1998, 29 September 1998, followed
Sugden v Crawford [1989] 1 QdR 683, referred toTaggart v The Workers’ Compensation Board of Queensland [1983] 2 QdR 19, referred to
COUNSEL: Mr R J Douglas SC, with him Mr B L P Hoare for the appellant
Mr A G Munt for the respondentSOLICITORS: Bradley & Co Solicitors for the appellant
Trilby Misso & Co Solicitors for the respondent
PINCUS JA: The circumstances giving rise to this appeal are set out in the joint reasons of Thomas JA and Atkinson J which I have had the advantage of reading. As it appears to me, the critical issue is whether the respondent proved that he did not, before 22 September 1997, know or have means of knowing that he had a substantial psychiatric disability caused by his work. The respondent’s position is that although he knew, years before 22 September 1997, that he had serious psychological difficulties related to his work it was not until he saw Dr Andrew Byth, after 22 September 1997, that he appreciated that his condition was a psychiatric one, of a substantial kind; I refer to paras 27 and 28 of the respondent’s affidavit and to his statements at pp 33 and 34. The strength of the respondent’s case lies in the difference between two psychiatric reports: that of Dr Mayze of 11 October 1996 and that of Dr Byth dated 27 November 1997. Discussing the former report, the primary judge remarked:
“The view was expressed as well that any psychiatric component of the applicant’s symptoms…
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- Case
- [1999] QCA 527
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the statutory limitation period for bringing an action for psychiatric injuries should be extended, given that the respondent had already successfully brought an action for physical injuries arising from the same incident. The court also had to consider whether the doctrine of equitable estoppel could be applied to prevent the appellant from relying on the limitation period as a defence.
The Supreme Court of Victoria dismissed the appeal, holding that the statutory limitation period for bringing an action for psychiatric injuries should not be extended. The court found that the respondent had failed to establish that he was unable to bring the action within the statutory time frame due to some disability or obstruction, as required by the Limitation of Actions Act 1958 (Vic). The court also held that the doctrine of equitable estoppel did not apply, as the respondent had not made a representation upon which the appellant had relied to their detriment. The appeal was therefore dismissed.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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