Reid v The State of Queensland

The Reid case involves an applicant who was sexually abused as a child and is now suffering from a serious psychiatric condition. The applicant had previously attempted suicide. The applicant had reported the abuse to the Children’s Services Department but did not initiate legal proceedings until after the limitation period had expired. The court was required to determine whether the applicant was under a legal disability for the purposes of section 29 of the Limitation of Actions Act 1974 (Qld) and whether an extension of time should be granted to allow the applicant to pursue their claim. The applicant argued that they were under a legal disability due to their age and psychiatric condition, and that this prevented them from instituting the proceedings within the required time frame. The court considered the provisions of the Limitation of Actions Act and the case law relating to legal disability. The court found that the applicant was indeed under a legal disability for the purposes of section 29 of the Act. The court found that the applicant was under a legal disability due to their age until 5 June 1983 and thereafter due to their unsoundness of mind. The court also found that the applicant’s disability prevented them from instituting the proceedings within the required time frame. Accordingly, the court granted the applicant’s application for an extension of time and made a declaration to that effect. The court also ordered that the limitation period in respect of the plaintiff’s cause of action arising out of the breach of duty by the defendant to the plaintiff in mid 1977 be extended so that it expires on 13 February 2007. Finally, the court gave leave to the parties to make written submissions on the issue of costs within 14 days.