Lenoy v Smith
[2003] QCA 225
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- Lenoy v Smith[2003] QCA 225
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Lenoy v Smith[2003] QCA 225
Lenoy v Smith[2003] QCA 225
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal - Cairns Circuit | |
PROCEEDING: | Application for leave s 118 DCA (Civil) |
ORIGINATING COURT: | |
DELIVERED EX | 26 May 2003 |
DELIVERED AT: | Cairns |
HEARING DATE: | 26 May 2003 |
JUDGES: | McMurdo P, Davies JA and Jones J |
ORDER: | Application for leave to appeal refused |
CATCHWORDS: | LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where respondent convicted of unlawfully causing grievous bodily harm - where application for compensation pursuant to Criminal Offence Victims Act 1995 (Qld) filed outside limitation period - where applicant lived in remote community - whether applicant's unawareness of ability to seek compensation was a "material factor of a decisive character" for the purposes of extending the limitation period LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - THE PERIOD OF LIMITATION - ACTIONS TO RECOVER MONEY RECOVERABLE BY VIRTUE OF AN ENACTMENT - where applicant suffered serious injuries as a result of attack - where applicant unaware of post traumatic stress disorder until after expiry of limitation period - whether diagnosis of post traumatic stress disorder was a "material factor of a decisive character" |
COUNSEL: | M Grant-Taylor SC, with A J Kimmins, for the appellant |
SOLICITORS: | Tony Bailey (Samford) for the appellant |
THE PRESIDENT: For the reasons given in Watson v Poynter [2003] QCA 224, Appeal No CA 9291 of 2002, in each of Lenoy v Seaton [2003] QCA 226, Appeal No CA 10847 of 2002, Lenoy v Smith [2003] QCA 225, Appeal No CA 10846 of 2002, and Conway v Ketchup [2003] QCA 228, Appeal No CA 9290 of 2002, the appeal and application for leave to appeal are refused.