SUPREME COURT OF QUEENSLAND
CITATION:
Star Aged Living Limited v Lee [2024] QCA 1
PARTIES:
STAR AGED LIVING LIMITED
v
NANCY FAY LEE
(appellant)(respondent)FILE NO/S:
Appeal No 4234 of 2023
SC No 10446 of 2020DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane – [2023] QSC 49 (Mellifont J)DELIVERED ON:
25 January 2024
DELIVERED AT:
Brisbane
HEARING DATE:
15 November 2023; 30 November 2023
JUDGES:
Bowskill CJ and Bond and Flanagan JJA
ORDERS:
1. The appeal is allowed.
2. The orders of the primary judge made on 10 March 2023 and 22 March 2023 (in relation to costs) are set aside.
3. The respondent’s application to extend the limitation period is dismissed.
4. The respondent pay the appellant’s costs of the appeal and of the proceedings below.
CATCHWORDS:
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURY MATTERS – KNOWLEDGE OF MATERIAL FACTS OF A DECISIVE CHARACTER – GENERALLY – where the respondent was employed as an Assistant in Nursing at an aged care facility controlled and managed by the appellant – where the respondent alleged that she suffered a back injury while at work due to the negligence of the appellant – where the respondent did not consult a lawyer until after the limitation period had expired – where the respondent applied for an extension of the limitation period on the basis that there were three material facts of a decisive character relating to her right of action, which were not within her means of knowledge until after the limitation period had expired – where the application to extend the limitation period was granted by the primary judge – where, on appeal, the appellant contended that the factual conclusions of the primary judge as to the existence of each of the three material facts of a decisive character were incorrect – where the appellant also argued that the primary judge erred in the exercise of the discretion to order that the limitation period be extended, on the basis that, notwithstanding some prejudice to the appellant, the claim could still be fairly litigated – whether the primary judge erred in extending the limitation period
Limitation of Actions Act 1974 (Qld), s 30, s 31
Baillie v Creber & Anor [2010] QSC 52, cited
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25, considered
Castillon v P&O Ports Ltd (No 2) [2008] 2 Qd R 219; [2007] QCA 364, considered
GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) 97 ALJR 857; [2023] HCA 32, considered
Hertess v Adams[2011] QCA 73, cited
Holt v Wynter (2000) 49 NSWLR 128; [2000] NSWCA 143, considered
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
NF v State of Queensland[2005] QCA 110, applied
Spain v Dipompo Jacs Constructions P/L &…
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- Case
- [2024] QCA 1
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the primary judge erred in finding that the three material facts were of a decisive character and whether the primary judge erred in exercising the discretion to extend the limitation period. The court examined the evidence and the respondent's understanding of her injury and treatment, including her history of back injuries, surgeries, and WorkCover claims. The court also considered the respondent's lack of legal knowledge and her reliance on WorkCover payments.
The court found that the primary judge erred in concluding that the three material facts were of a decisive character. The court held that a reasonable person in the respondent's position, having taken appropriate advice, would not have regarded the facts as showing that an action would have a reasonable prospect of success and that the respondent ought to bring an action. The court also found that the primary judge erred in exercising the discretion to extend the limitation period, as the prejudice to the appellant outweighed the respondent's need for an extension. The court held that the respondent's claim could still be fairly litigated despite the delay.
The court allowed the appeal, set aside the primary judge's orders, dismissed the respondent's application to extend the limitation period, and ordered the respondent to pay the appellant's costs of the appeal and of the proceedings below.
Orders
Orders of the court
1. The appeal is allowed.
2. The orders of the primary judge made on 10 March 2023 and 22 March 2023 (in relation to costs) are set aside.
3. The respondent’s application to extend the limitation period is dismissed.
4. The respondent pay the appellant’s costs of the appeal and of the proceedings below.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.