Wood v Safe Places Community Services Ltd - [2024] QDC 92

DISTRICT COURT OF QUEENSLAND

CITATION:

Wood v Safe Places Community Services Ltd [2024] QDC 92

PARTIES:

KIRSTY SUZANNE WOOD

(Applicant)

v

SAFE PLACES COMMUNITY SERVICES LTD

(Respondent)

FILE NO:

132 of 2023

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

14 June 2024

DELIVERED AT:

Townsville

HEARING DATE:

9 April 2024

JUDGE:

Coker DCJ

ORDER:

1. That the period for an action for personal injuries by the Applicant, Kirsty Suzzane Wood against the First Respondent, Safe Places for Children be extended so that it expires on 22 November 2022.

2. The Applicant’s costs of the application are reserved to the final determination of these proceedings.

CATCHWORDS:

LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – KNOWLEDGE OF MATERIAL FACTS OF A DECISIVE CHARACTER – where the applicant brings a claim for damages for personal injuries for negligence caused by the negligence of the Respondent – where a part of the claim is not commenced within the statutory limitation period – where that part of the claim is an over a period of time claim (OPT) – 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

LEGISLATION:

Limitation of Actions Act 1974 (Qld) ss 30(1), 30(1)(a)(iv), 30(1)(b)(i), 30(1)(b)(ii), 30(1)(c)(i), 30(1)(c)(ii), 30(2), 31, 31(2)(a)

CASES:

Steele & Anor v John Holland Group Pty Ltd [2020] QSC 37, cited
Ferrier v WorkCover Queensland [2019] QSC 11, cited

Watters v Queensland Rail [2000] 1 Qd R 448, cited
Taggart v Workers' Compensation Board of Queensland [1983] 2 Qd R 19, cited
Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325, cited

NF v State of Qld [2005] QCA 110, cited

Healy v Femdale Pty Ltd [1993] QCA 210, cited
Dick v University of Queensland [2000] 2 Qd R 476, considered
HWC v The Corporation of the Synod of the Diocese of Brisbane [2009] QCA 168, cited

COUNSEL:
P F Mylne for the Applicant
R D Green for the Respondent

SOLICITORS:
O’Shea Dyer Solicitors for the Applicant

Cooper Grace Ward for the Respondent

Introduction

On the 26^th of September 2023, Kirsty Suzanne Wood, whom I shall hereafter refer to as the applicant, commenced proceedings in this Court against Safe Places Community Services Limited, whom I shall hereafter refer to as the respondent. The claim was in these terms:
The plaintiff claims the following relief:
(a) $750,000.00 damages for personal injuries for negligence caused by the negligence of the Defendant;
(b) Interest pursuant to the Civil Proceedings Act 2011;
(c) Costs.
Thereafter, the statement of claim attached to the claim detailed the basis upon which the applicant suggested that the respondent had breached a non-delegable duty of care to take reasonable care to avoid foreseeable risks of injury in the course of her employment, and, of course, specifically in relation to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] QDC 92
Decision Date: 14 June 2024

CaseChat Overview and Summary

In the case of Wood v Safe Places Community Services Ltd, the applicant, Kirsty Suzanne Wood, brought a claim for damages for personal injuries against the respondent, Safe Places for Children. The respondent is a provider of community services for children and was alleged to have caused injuries to the applicant through its negligence. The dispute centred around whether an extension of time should be granted to the applicant for a portion of her claim, which was filed beyond the statutory limitation period. This portion of the claim related to over a period of time (OPT) injuries.

The legal issues the court had to determine were whether an extension of time should be granted to the applicant for the OPT claim and 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. The applicant argued that she was unaware of the full extent of her injuries until after the statutory limitation period had expired, and thus, an extension should be granted. The respondent argued that the applicant had been aware of the material facts of her injuries before the limitation period expired and therefore, an extension should not be granted.

The court found in favour of the applicant and granted an extension of time for the OPT claim. The court held that the applicant had not been aware of the material facts of her injuries before the limitation period expired. The court noted that the applicant’s injuries were not immediately apparent and required medical investigation to be fully understood. The court held that it was reasonable for the applicant to have been unaware of the full extent of her injuries until after the limitation period had expired. The court further held that an extension of time should be granted to the applicant for the OPT claim.

The final orders of the court were that the period for an action for personal injuries by the applicant against the respondent be extended so that it expires on 22 November 2022. The applicant’s costs of the application were reserved to the final determination of these proceedings.

Orders

Orders of the court

1. That the period for an action for personal injuries by the Applicant, Kirsty Suzzane Wood against the First Respondent, Safe Places for Children be extended so that it expires on 22 November 2022.

2. The Applicant’s costs of the application are reserved to the final determination of these proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Wood v Safe Places Community Services Ltd [2024] QDC 92
PARTIES:	KIRSTY SUZANNE WOOD (Applicant) v SAFE PLACES COMMUNITY SERVICES LTD (Respondent)
FILE NO:	132 of 2023
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	District Court at Townsville
DELIVERED ON:	14 June 2024
DELIVERED AT:	Townsville
HEARING DATE:	9 April 2024
JUDGE:	Coker DCJ
ORDER:	1. That the period for an action for personal injuries by the Applicant, Kirsty Suzzane Wood against the First Respondent, Safe Places for Children be extended so that it expires on 22 November 2022. 2. The Applicant’s costs of the application are reserved to the final determination of these proceedings.
CATCHWORDS:	LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – KNOWLEDGE OF MATERIAL FACTS OF A DECISIVE CHARACTER – where the applicant brings a claim for damages for personal injuries for negligence caused by the negligence of the Respondent – where a part of the claim is not commenced within the statutory limitation period – where that part of the claim is an over a period of time claim (OPT) – 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
LEGISLATION:	Limitation of Actions Act 1974 (Qld) ss 30(1), 30(1)(a)(iv), 30(1)(b)(i), 30(1)(b)(ii), 30(1)(c)(i), 30(1)(c)(ii), 30(2), 31, 31(2)(a)
CASES:	Steele & Anor v John Holland Group Pty Ltd [2020] QSC 37, cited Ferrier v WorkCover Queensland [2019] QSC 11, cited Watters v Queensland Rail [2000] 1 Qd R 448, cited Taggart v Workers' Compensation Board of Queensland [1983] 2 Qd R 19, cited Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325, cited NF v State of Qld [2005] QCA 110, cited Healy v Femdale Pty Ltd [1993] QCA 210, cited Dick v University of Queensland [2000] 2 Qd R 476, considered HWC v The Corporation of the Synod of the Diocese of Brisbane [2009] QCA 168, cited
COUNSEL:	P F Mylne for the Applicant R D Green for the Respondent
SOLICITORS:	O’Shea Dyer Solicitors for the Applicant Cooper Grace Ward for the Respondent