Marshall v Minister of Education

Marshall sought an extension of the limitation period for a claim against the Minister of Education for injuries sustained when he slipped and fell on a concrete sporting court. The application was heard by the Queensland Supreme Court. The applicant underwent several operations due to complications arising from the fall and sought an extension of the limitation period under section 31(2) of the Limitation of Actions Act 1974 (Qld). The court was required to determine whether the material facts were within the applicant's knowledge prior to the expiration of the limitation period. The definition of "material fact" within the meaning of the Limitation of Actions Act was also considered.

The court found that the applicant had not been aware of the full extent of his injuries and the causal link between those injuries and the fall until after the limitation period had expired. The court held that the applicant had not been aware of the full extent of the injuries or the causal link between the injuries and the fall until after the limitation period had expired. The court also found that the applicant had not been negligent in failing to discover the full extent of his injuries and that the extension of the limitation period was warranted. The court further held that the applicant had taken reasonable steps to investigate the cause of his injuries and that the extension of the limitation period was in the interests of justice. The court granted the application and extended the limitation period for one year to 16 October 2004.

The court also granted the applicant leave to file a further Amended Statement of Claim in terms of the draft Exhibit “Q” to the affidavit of Glenn Roy Moffatt filed on 19 November 2003. The court further ordered that the costs of and incidental to the application be costs in the cause. This decision provides guidance on the interpretation of the term "material fact" within the meaning of the Limitation of Actions Act and the circumstances in which an extension of the limitation period may be granted.