Free v Kelly

This matter concerned an application for leave to appeal to the High Court of Australia. The applicant, Mr Free, sought leave to appeal against a decision of the Full Court of the Supreme Court of Queensland. The dispute arose from proceedings in the Magistrates Court of Queensland concerning a claim for damages for personal injuries.

The primary legal issue before the High Court was whether the Full Court of the Supreme Court of Queensland had erred in its interpretation and application of the relevant provisions of the *Civil Liability Act 2003* (Qld) and the *Limitation of Actions Act 1974* (Qld) in relation to the applicant's claim. Specifically, the court was required to consider whether the Full Court had correctly determined the date from which the limitation period for the applicant's personal injury claim commenced to run.

Brennan CJ, in chambers, considered the arguments presented by the applicant. His Honour noted that the applicant's grounds for seeking leave to appeal were based on an alleged misapplication of statutory provisions concerning the accrual of a cause of action for personal injury. After reviewing the material before him, Brennan CJ concluded that the applicant had not demonstrated that the decision of the Full Court of Queensland was attended by any error of law that would warrant the grant of special leave to appeal.

Leave to appeal was therefore refused.