Fyles v Clark

In the Supreme Court of Queensland, Graeme Peter Fyles brought a claim against Dr William Braidwood Clark and W.B. Clark (Medical) Pty Ltd, seeking damages for injuries allegedly caused by the defendants in 1990. The plaintiff did not file the writ until 1998, and now seeks an extension of the limitation period to file the claim. The primary issue before the court was whether the plaintiff had taken all reasonable steps to ascertain the material facts of his claim before the statutory limitation period expired. Specifically, the court had to determine whether the plaintiff was aware, or should have been aware, of the material facts that would have led him to file his claim before 1998.

The court held that the plaintiff did not take all reasonable steps to ascertain the material facts before the limitation period expired. The plaintiff had been suffering from pain since the operation in 1990, and had been in contact with various medical professionals over the years. However, he did not seek a medical opinion on the specifics of his claim until January 1999. The court found that the plaintiff should have sought such an opinion earlier, given his ongoing pain and belief that the defendants were at fault. Therefore, the court concluded that the plaintiff was not entitled to an extension of the limitation period.

The court dismissed the plaintiff's application for an extension of the limitation period, with costs.