Reeman v State of Queensland
Case
•
[2004] QCA 484
•17 December 2004
Details
AGLC
Case
Decision Date
Reeman v State of Queensland [2004] QCA 484
[2004] QCA 484
17 December 2004
CaseChat Overview and Summary
The appellant, a former police officer, appealed against the dismissal of an application for an extension of time to commence proceedings for personal injury sustained during covert police work. The primary judge found that the appellant was aware of material facts that constituted a cause of action at the time the limitation period expired. The Court of Appeal considered the legal issues surrounding the interpretation of sections 31(2)(a) and 30(1)(b)(ii) of the Limitation of Actions Act 1974 (Qld). The court examined whether the appellant was aware of material facts of decisive character relating to the cause of action until after the limitation period had expired, thereby justifying an extension of time. The Appeal Court found that the primary judge correctly interpreted the statutory provisions and that the appellant had failed to demonstrate that a material fact of decisive character was not within his means of knowledge until after the limitation period had expired. The court dismissed the appeal with costs.
Details
Key Legal Topics
Areas of Law
-
Civil Litigation & Procedure
Legal Concepts
-
Limitation Periods
-
Appeal
-
Compensatory Damages
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Sciacca v Ling & Anor [2013] QSC 97
Cases Citing This Decision
14
State of Queensland v Stephenson
[2006] HCA 20
Sciacca v Ling
[2013] QSC 97
Pikrt v Hagemeyer Brands Australia Pty Ltd
[2006] QCA 112
Cases Cited
1
Statutory Material Cited
1
Stephenson v State of Queensland
[2004] QCA 483
Stephenson v State of Queensland
[2004] QCA 483