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

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Limitation Periods

  • Appeal

  • Compensatory Damages

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Cases Citing This Decision

14

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Cases Cited

1

Statutory Material Cited

1