O'Grady & O'Grady v State of Qld

Gerald Michael O'Grady has applied to the Supreme Court of Queensland for an extension of the limitation period for his action against the State of Queensland, which he brought on 6 April 1995. O'Grady claims damages for personal injuries caused by the defendant's negligence and/or breach of statutory duty. The defendant, State of Queensland, has not contested the extension of the limitation period. The court was required to decide whether the extension of the limitation period was justified under the Limitation of Actions Act 1974. Specifically, the court needed to determine if a material fact of decisive character relating to O'Grady's right of action was unknown to him until after the limitation period had commenced; if there was evidence to establish the right of action; and if the application was brought within 12 months of O'Grady ascertaining the material fact.

The court found that O'Grady had established the material fact of decisive character, which was that squamous cell carcinomas had the potential to metastasise. O'Grady first learned of this potential after surgery in July 1994, which was after the limitation period had begun. The court also found that there was sufficient evidence to establish O'Grady's right of action against the defendant. The defendant had a duty to protect O'Grady from exposure to the sun while he worked outdoors, and had failed to do so. The application was brought within 12 months of O'Grady ascertaining the material fact, as the application was filed on 15 May 1995, and the period of twelve months expired on 11 July 1995. Therefore, the court granted the application and extended the limitation period.

The court orders that the period of limitation for this action be extended so that it expires on 6 April 1995. The parties shall hear from the court on the question of costs.