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Plaintiff applied under s 31 Limitation of Actions Act 1974 (Qld) for extension of time to bring negligence claim for hearing loss; whether material fact of decisive character not within plaintiff's knowledge until after limitation period; application dismissed
Primary Judgment
DC No 5322 of 2001 (no citation)
04 Apr 2002
Plaintiff appealed against Magistrate's decision; appeal allowed, Magistrate's decision set aside and limitation period extended
QCA Interlocutory Judgment
[2002] QCA 286
06 Aug 2002
Defendant applied for leave to appeal against decision of District Court; application allowed and defendant granted leave to file notice of appeal: McPherson and Williams JJA and Holmes J
Appeal Determined (QCA)
[2003] QCA 293
18 Jul 2003
Defendant appealed against orders made by District Court on 4 April 2002; whether District Court erred in finding that plaintiff did not have knowledge of material fact at relevant time; appeal dismissed with costs: McPherson JA, Fryberg and Muir JJ
Appeal Status
Appeal Determined (QCA)
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