Lance Alder (as litigation guardian for Trent Alder) v Khoo

In the case of Lance Alder (as litigation guardian for Trent Alder) v Khoo, the Supreme Court of Queensland was called upon to determine whether a claim for damages, due to alleged negligence during childbirth, should be stayed or dismissed. The plaintiff, Trent Alder, was born almost 25 years ago and suffers from significant handicaps and disabilities. His litigation guardian, Lance Alder, filed a claim against the first defendant, who was the obstetrician treating the plaintiff at the time of birth, and a second defendant, who was allegedly vicariously liable for the actions of the first defendant. The guardian alleged that the plaintiff’s disabilities were caused by the negligence of the first defendant.

The court had to decide whether the plaintiff's claim was barred and, if so, whether the proceeding should be stayed or dismissed. A key issue was whether the plaintiff, due to his significant disabilities, was in a position to lead evidence to prove the basic factual allegations upon which the claim was founded. The court considered the implications of the Limitation of Actions Act 1974 and whether the plaintiff's disabilities impacted his ability to institute proceedings within the statutory time limits. The court noted that the plaintiff's claim was barred due to the passage of time, and the plaintiff was not in a position to lead evidence to prove the necessary factual allegations.

The Supreme Court held that the plaintiff’s claim was barred and that the proceeding should be dismissed. The court reasoned that, because the plaintiff's disabilities prevented him from leading evidence to establish the basic factual allegations, the claim was no longer viable. The court ordered that the plaintiff's claim against both defendants be dismissed and that the litigation guardian pay the defendants' costs of and incidental to the proceeding, including reserved costs to be assessed on the standard basis.