District Court

Drew v Mackay Sugar Ltd [2014] QDC 216 (14/D46) Durward SC DCJ 18 September 2014

Full-text: QDC14-216.pdf

Catchwords

LIMITATION OF ACTIONS POSTPONEMENT OF THE BAR EXTENSION OF PERIOD CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES KNOWLEDGE OF MATERIAL FACTS MATERIAL FACTS OF DECISIVE CHARACTER where plaintiff commenced action against defendant claiming damages for personal injuries resulting from a workplace incident in 1994 where the incident allegedly occurred about 20 years before the claim was filed - where extension of time under s 31 of the Limitation of Actions Act 1974 (Qld) necessary to maintain action where the issue on the application was whether the defendant was substantially prejudiced so as to prevent a fair trial.

LIMITATION OF ACTIONS POSTPONEMENT OF THE BAR EXTENSION OF PERIOD CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES PRINCIPLES UPON WHICH DISCRETION EXERCISED SUBSTANTIAL PREJUDICE - whether defendant had shown substantial prejudice whether plaintiff able to show that a the defendant could have a fair trial.- where the defendant had no contemporaneous documents or records where there were no eye witnesses to the incident where plaintiff fell and landed on buttocks and right wrist - where no incident report was made and plaintiff made no application for compensation where plaintiffs right wrist did not become symptomatic until 2011 where other employees in the vicinity of where incident was alleged to have occurred had no recollection of any incident where no records or anecdotal evidence of system of work where defendant still occupied work premises and the material location had not changed whether plaintiff had discharged onus whether fair trial possible - whether discretion should be exercised to extend limitation period.