Glenn Joseph Hodgson v Dimbola Pty Limited T/As Towers Removals and Workers Compensation Nominal Insurer (NSW)

Glenn Joseph Hodgson (the applicant) sought leave to appeal from a decision of the primary judge who had refused to grant an extension of time to commence proceedings against Dimbola Pty Limited trading as Towers Removals and the Workers Compensation Nominal Insurer (NSW) (the respondents). The dispute concerned the applicant's entitlement to commence proceedings outside the usual limitation period.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing to grant an extension of time. This required the Court to consider the application of sections 30 and 31 of the *Limitation of Actions Act 1974* (Qld) and, in particular, to determine whether certain facts relied upon by the applicant constituted "material facts of a decisive character" for the purposes of extending the limitation period.

The Court reasoned that the provision of legal advice, in itself, did not constitute a "material fact of a decisive character" that would justify an extension of time under the relevant legislation. Applying this principle, the Court concluded that the applicant's appeal had no reasonable prospects of success. Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondents' costs.