Conway v Ketchup

[2003] QCA 228

SUPREME COURT OF QUEENSLAND

CITATION:

Conway v Ketchup [2003] QCA 228

PARTIES:

MICHAEL JOHN CONWAY
(applicant/appellant)
BEVAN LESLIE KETCHUP
(respondent)
ATTORNEY-GENERAL AND MINISTER FOR JUSTICE FOR THE STATE OF QUEENSLAND
(intervenor)

FILE NO/S:

Appeal No 9290 of 2002
SC No 524 of 2002

DIVISION:

Court of Appeal - Cairns Circuit

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED EX TEM PORE ON:

26 May 2003

DELIVERED AT:

Cairns

HEARING DATE:

26 May 2003

JUDGES:

McMurdo P, Davies JA and Jones J
Judgment of the Court

ORDER:

Appeal dismissed

CATCHWORDS:

LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where respondent convicted of doing grievous bodily harm - where application for compensation pursuant to the Criminal Offence Victims Act 1995 (Qld) filed outside limitation period - where appellant living in remote community - whether appellant's unawareness of ability to seek compensation was a "material factor of a decisive character" for the purposes of extending the limitation period

LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where appellant suffered serious injuries as a result of the attack - where appellant unaware of nervous shock suffered as a result of attack until after expiration of the limitation period - whether diagnosis of nervous shock was a "material factor of a decisive character"

COUNSEL:

M Grant-Taylor SC, with A J Kimmins, for the appellant
No appearance for the respondent
M D Hinson SC, with S A McLeod, for intervenor amicus
    curiae

SOLICITORS:

Tony Bailey (Samford) for the appellant
No appearance for the respondent
C W Lohe, Crown Solicitor, for the intervenor amicus curiae

THE PRESIDENT: For the reasons given in Watson v Poynter [2003] QCA 224, Appeal No CA 9291 of 2002, in each of Lenoy v Seaton [2003] QCA 226, Appeal No CA 10847 of 2002, Lenoy v Smith [2003] QCA 225, Appeal No CA 10846 of 2002, and Conway v Ketchup [2003] QCA 228, Appeal No CA 9290 of 2002, the appeal is dismissed and applications for leave to appeal are refused.

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