Wilson v Mackay Hospital and Health Service

In the Supreme Court of Queensland, Ellie Ann Wilson, the applicant, sought an extension of the limitation period for a claim of damages for personal injuries stemming from the death of her younger sister, Kate, which occurred in 1999 when Ellie was a child. The limitation period under the Limitation of Actions Act 1974 (Qld) had expired on 17 August 2016, but Ellie filed her claim on 18 June 2021. The central legal issue before the court was whether the statutory requirement for knowledge of material facts of decisive character was satisfied within the 12 months prior to filing the claim, which would permit an extension under s 31 of the LAA.

The court examined whether Ellie had knowledge of the material facts of decisive character within the 12-month period before filing her claim. The court acknowledged that Ellie had suffered from general neuroses and post-traumatic stress disorder (PTSD) since her late teens, conditions which were diagnosed by her psychologist and psychiatrist. In August 2020, Ellie's psychologist informed her that her conditions might affect her ability to work, and in March 2021, a psychiatrist diagnosed her with a class 2 impairment impacting her ability to work. The court concluded that Ellie had indeed gained knowledge of these material facts within the requisite period, as her PTSD diagnosis and the subsequent understanding of its impact on her life constituted facts of decisive character. Consequently, the court exercised its discretion under s 31(2) of the LAA in favour of the applicant, finding that the extension of the limitation period was warranted.

The court ordered that the limitation period for commencing an action for damages be extended up to and including 25 June 2021. Additionally, the respondent was directed to file and serve written submissions regarding costs within 7 days, with the applicant to respond within 3 days of receiving the respondent's submissions.