Queensland Judgments
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Jocumsen v Thiess P/L & Anor
[2005] QCA 198 (04/8339) Brisb McPherson JA Williams JA Muir J 10/06/2005
Catchwords
LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES – WHETHER REASONABLE STEPS TAKEN TO ASCERTAIN FACTS – MATERIAL FACTS OF A DECISIVE CHARACTER – where respondent diagnosed with post-traumatic stress disorder following a workplace accident – where respondent refused to avail himself of counselling - where respondent continued work despite suffering a range of medical and psychiatric symptoms – whether the respondent’s inability to continue employment was a material fact - whether it was reasonable for the respondent to persist with his employment considering the factual circumstances - whether after obtaining appropriate advice the respondent would have been advised or himself concluded that he was unable to continue in his employment