SUPREME COURT OF QUEENSLAND
CITATION:
Steele & Anor v John Holland Group Pty Ltd [2020] QSC 37
PARTIES:
AUBREY KRISTEN STEELE
(first applicant)
MADELYN MARIE MURPHY (BY HER LITIGATION GUARDIAN AUBREY KRISTEN STEELE)(second applicant)
v
JOHN HOLLAND GROUP PTY LTD
(respondent)
FILE NO/S:
SC No 13946 of 2018
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
9 March 2020
DELIVERED AT:
Brisbane
HEARING DATE:
19 and 20 June 2019
JUDGE:
Burns J
ORDER:
THE ORDER OF THE COURT IS THAT:
1. Pursuant to s 31 of the Limitation of Actions Act 1974 (Qld), the period of limitation for the first applicant’s claim as first plaintiff in proceeding BS No 826 of 2019 be extended to 25 January 2019;
2. The costs of the application be the costs of the first applicant and the respondent as first plaintiff and defendant respectively in proceeding BS No 826 of 2019.
CATCHWORDS:
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – KNOWLEDGE OF MATERIAL FACTS OF DECISIVE CHARACTER – KNOWLEDGE –GENERALLY – where the applicant brings a dependency claim in respect of the death of her husband – where the applicant did not commence proceedings within the statutory limitation period – where the applicant commenced a proceeding with respect to her claim nine years after the death of her husband – whether an extension of time should be granted – whether a material fact of a decisive character was not within the applicant’s means of knowledge prior to the expiry of the limitation period
Civil Proceedings Act 2011 (Qld), s 64
Limitations of Actions Act 1974 (Qld), s 11, s 30, s 31
Occupational Health and Safety Act 1991 (Cth), s 16, s 21, s 40
Personal Injuries Proceedings Act 2002 (Qld), Chapter 2, Part 1Supreme Court Act 1995 (Qld), s 17
Aircraft Technicians of Australia Pty Ltd v St Clair; St Clair v Timtalla Pty Ltd [2011] QCA 188, cited
Castillon v P & O Ports Limited (No 2) [2008] 2 Qd R 219, cited
Dick v University of Queensland [2000] 2 Qd R 476, cited
Do Carmo v Ford Excavations Pty Ltd (1984) 154 CLR 234, cited
Hall v Don Faulkner Motors Pty Ltd & Ors [2013] QSC 331, cited
Hall v Nominal Defendant (1966) 117 CLR 423, cited
Hargans v Kemenes & Anor [2011] QCA 251, cited
Honour v Faminco Mining Services Pty Ltd & Anor [2009] QCA 352, cited
Jones v Dunkel (1959) 101 CLR 298, cited
Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325, cited
Payne v Parker [1976] 1 NSWLR 191, cited
St Clair v Timtalla Pty Ltd [2010] QSC 296, cited
State ofQueensland v Stephenson (2006) 226 CLR 197, cited
Sugden v Crawford [1989] 1 Qd R 683, cited
Taggart v The Workers’ Compensation Board of Queensland [1983] 2 Qd R 19, cited
Ward v Wiltshire Australia…
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- Case
- [2020] QSC 37
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether Ms Steele satisfied the onus of proving that certain facts, critical to her claim, were not within her knowledge prior to 25 January 2018. The material facts in question related to the circumstances of her husband's death and the alleged negligence of John Holland Group Pty Ltd. The court considered whether Ms Steele had acted reasonably in ascertaining these facts and whether she had a legitimate basis for not knowing them earlier.
In reaching its decision, the court examined the evidence and circumstances surrounding Ms Steele's husband's death. It found that Ms Steele had not acted unreasonably in her efforts to understand the facts and that the critical facts were indeed not within her means of knowledge prior to 25 January 2018. The court also addressed John Holland Group Pty Ltd's arguments against the exercise of discretion in Ms Steele's favour, including concerns about prejudice and the decision not to lodge a Notice of Claim under the Personal Injury Proceedings Act 2002 (Qld). The court concluded that despite the passage of time and some degree of prejudice, a fair trial could still be secured if the limitation period was extended.
The court granted an extension of the limitation period for Ms Steele's claim, allowing her to proceed with her dependency claim. The costs of the application were ordered to be borne by both parties equally.
Orders
Orders of the court
THE ORDER OF THE COURT IS THAT:
1. Pursuant to s 31 of the Limitation of Actions Act 1974 (Qld), the period of limitation for the first applicant’s claim as first plaintiff in proceeding BS No 826 of 2019 be extended to 25 January 2019;
2. The costs of the application be the costs of the first applicant and the respondent as first plaintiff and defendant respectively in proceeding BS No 826 of 2019.
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.