SUPREME COURT OF QUEENSLAND
CITATION:
State of Queensland v RAF [2010] QCA 332
PARTIES:
STATE OF QUEENSLAND
(appellant/respondent)
v
RAF
(respondent/applicant)FILE NO/S:
Appeal No 7402 of 2010
SC No 104 of 2007DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
26 November 2010
DELIVERED AT:
Brisbane
HEARING DATE:
10 November 2010
JUDGE:
Margaret McMurdo P, White JA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed with costs.
CATCHWORDS:
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – DISABILITY – UNSOUNDNESS OF MIND – WHAT CONSTITUTES – where respondent commenced proceedings against the State of Queensland for personal injury suffered as a result of sexual abuse perpetrated by her step father – where contemporaneous complaints were made to the relevant government department but no action taken to protect the child from further abuse – where it was agreed that the respondent was under the disability of infancy until the age of 18 – where the respondent suffered from a significant personality disorder from the age of 10 years – whether the respondent was under a relevant disability at all material times – whether there was any sufficient amelioration of the respondent’s condition to enable her to pursue her cause of action
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – KNOWLEDGE OF MATERIAL FACTS OF DECISIVE CHARACTER – GENERALLY – where the material fact relied upon was that the respondent was unaware that evidence existed in Departmental records to support her claim – whether the newly discovered facts had the necessary quality of decisiveness – whether all reasonable steps had been taken to discover the nature of the evidence contained within the Departmental records before the critical date – whether the respondent’s mental condition restricted her capacity to form and act upon rational decisions in relation to the cause of action – whether the limitation period should be extended
Limitation of Actions Act 1974 (Qld), s 5(2), s 29, s 30(1), s 31
Flemming v Gibson [2001] QCA 244, considered
King v Coupland [1981] Qd R 121, considered
NF v State of Queensland [2005] QCA 110, cited
Pizer v Ansett Australia Ltd[1998] QCA 298, cited
Saunders and Anor v Jackson [2009] NSWCA 192, cited
Sugden v Crawford [1989] 1 Qd R 683, consideredCOUNSEL:
D J Kelly for the appellant
K C Fleming QC, with S J R Cilento, for the respondentSOLICITORS:
Crown Law for the appellant
Dempsey Lawyers for the respondent
MARGARET McMURDO P: This appeal should be dismissed with costs for the reasons given by McMeekin J.
WHITE JA: I have read the reasons for judgment of McMeekin J and agree with his Honour that the appeal should be dismissed.
McMEEKIN J: The respondent commenced proceedings on 12 February 2007 for damages against the State of Queensland…
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- Case
- [2010] QCA 332
- Decision Date
CaseChat Overview and Summary
The court examined whether the respondent's mental condition constituted a disability that could suspend or postpone the limitation period. The court noted that a disability must be of a nature that prevents a person from understanding the need to commence proceedings and acting on that understanding. The court concluded that while the respondent's personality disorder impaired her capacity to make rational decisions, it did not entirely prevent her from understanding the need to pursue her cause of action. The court also considered whether the limitation period could be extended based on the respondent's lack of knowledge of material facts. The court held that the facts relied upon did not have the necessary quality of decisiveness, and the respondent had not taken all reasonable steps to discover the evidence within the Departmental records before the critical date.
The court found that the respondent's disability did not entirely prevent her from understanding the need to pursue her cause of action, and the limitation period was not extended based on her lack of knowledge of material facts. The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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