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Application for extension of limitation period dismissed; action for personal injuries arising out of discovery of foster child’s abuse of daughter; contended that recently disclosed reports brought defendants’ knowledge of child’s past behaviour within plaintiff’s knowledge; held reports did not contain facts of decisive character; found that plaintiff knew of defendant’s knowledge and sufficient existed to plead case, which would have extracted admission: Porter QC DCJ.
Notice of Appeal Filed
File Number: CA9450/21
19 Aug 2021
Application for leave to appeal filed.
Appeal Determined (QCA)
[2022] QCA 109
17 Jun 2022
Application for leave to appeal from [2021] QDC 171 granted, appeal allowed, limitation period extended; finding as to plaintiff’s knowledge not open; fact not previously within her means of knowledge, possibility that plaintiff would come to know something by commencing claim irrelevant; fact of decisive character, neither case that respondents knew nor case that they ought to have known ought to have been brought on information plaintiff then had: McMurdo JA (Fraser and Mullins JJA agreeing).
Appeal Status
Appeal Determined (QCA)
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