Queensland Judgments
Russell v State of Queensland
[2004] QCA 370 (04/4264) Brisb Williams JA Cullinane J Holmes J 8/10/2004
Additional documents
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 respondent commenced proceedings in 1996 against appellant seeking damages for personal injury – where injuries concerned were psychiatric injuries which were sustained as a result of undercover police work and consumption of illegal drugs in the course of that work which the respondent had performed as employee of respondent up until 1991 – where respondent first diagnosed with psychiatric disorder in 1995 – where learned primary judge found that a material fact of a decisive character was not within respondent’s knowledge until 1995 and so extended limitation period – whether learned primary judge erred in finding that respondent did not have actual or deemed knowledge of material fact of a decisive character before 1995
