Ferrier v WorkCover Queensland

In Ferrier v WorkCover Queensland, the applicant sought to extend the limitation period for a claim related to personal injuries sustained during his employment on 31 July 2010. The application was brought before the court after the statutory limitation period had expired, and the applicant wished to pursue a claim for damages against the respondents. The primary legal issue was whether the applicant's newly learned facts justified an extension of the limitation period, and if so, whether the exercise of such discretion would be appropriate in this case.

The court considered whether the applicant had the necessary quality of decisiveness in the newly learned facts, and if the applicant was in possession of sufficient information before the critical dates. Additionally, the court examined whether the respondents would suffer prejudice if the limitation period were extended. The court found that the applicant's newly learned facts did possess the required quality of decisiveness and that the applicant had not been in possession of sufficient information before the critical dates. Furthermore, the court determined that the respondents would not suffer prejudice at trial if the limitation period were extended.

Based on these findings, the court granted the applicant's application for an extension of the limitation period for the action in respect of the personal injury. The period of limitation was extended so that it expired up to and including 60 days from the date the applicant complied with section 295 of the Workers’ Compensation and Rehabilitation Act 2003. The respondents were ordered to file and serve written submissions on costs within 7 days of the decision, with the applicant to file and serve written submissions in reply within 3 days of receipt of the respondents' written submissions.