Gilmont and Anor –v- The State of Queensland

The applicants in Gilmont and Anor –v- The State of Queensland sought an extension of time to bring their action against the State of Queensland, predicated on the recent discovery of a connection between multiple sclerosis and work-related stress. The applicants argued that this was a material fact of a decisive character that justified extending the statutory limitation period. The Queensland Government opposed the application on the grounds that the applicants had not exercised due diligence in discovering this connection earlier.

The legal issues before the court were whether the newly discovered connection between multiple sclerosis and work-related stress constituted a material fact of a decisive character, and if so, whether this fact justified extending the limitation period. The court had to determine whether the applicants had exercised due diligence in uncovering this connection and whether the delay in bringing the action was justified under the circumstances.

The court found that the applicants had not exercised due diligence in discovering the connection between multiple sclerosis and work-related stress. The court held that the applicants were aware of the connection for some time before bringing the action, and the delay was not excusable. The court concluded that the applicants’ application for an extension of time was not warranted, and the application was dismissed. The applicants were ordered to pay the respondent’s costs of and incidental to the application to be assessed.