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 – respondent formerly employed as a covert police operative – respondent developed psychiatric disorder and applied for retirement on medical grounds on 4 October 2000 – appellant granted medical retirement application from 9 March 2001 – respondent commenced personal injuries claim against the appellant on 20 December 2001 – appellant asserted that the respondent’s claim was statute-barred and respondent applied for an extension of time under s 31 Limitation of Actions Act 1974 (Qld) – judge granted respondent an extension of time on the basis that a material fact of a decisive character relating to the action was not within the respondent’s means of knowledge until after the expiration of the limitation period – whether the appellant’s acceptance of the retirement application constituted a new “material fact of a decisive character” thereby allowing an extension of the limitation period