Goebel v Cameron Pastoral Company

In the case of Goebel v Cameron Pastoral Company, the applicant sought an extension of the limitation period under the Limitation of Actions Act 1974. The applicant, who was diagnosed with acute Q-fever in 1987, did not experience any symptoms until diagnosed with chronic Q-fever in 1999. The legal dispute centred on whether the applicant's condition constituted a fact within his means of knowledge prior to 1999, and if the applicant had provided "evidence to establish a right of action" as required by section 31(2)(b) of the Act.

The court was required to determine whether the applicant satisfied the relevant tests in the Act and whether the exercise of the court’s discretion was warranted in extending the limitation period. The court considered the applicant's medical history and the nature of Q-fever, particularly its latent period and the difficulty in diagnosing the chronic form of the disease. Given the applicant's lack of symptoms following the initial diagnosis until 1999, the court found that the applicant could not have been aware of the chronic condition prior to this time.

The court found that the applicant had satisfied the relevant tests in the Act and therefore, the exercise of the court’s discretion was called into play. The court acknowledged the unique nature of the applicant's condition and the difficulty in diagnosing chronic Q-fever. Consequently, the court decided to extend the limitation period by one year from 4 January 2000. The court also ordered that the costs of each party were to be that party's costs in the proceeding to be commenced.