The limit of a limitation period: extension granted

Judgment date: 1 November 2011

Robertson v Sellin & Anor [2011] QSC 421

Supreme Court of Queensland1

In Brief

The one year for potential extension to the limitation period contained in s 31 of the Limitation of Actions Act 1974 (Qld) (the Act), does not commence until the plaintiff realises that if they do not take the proposed defendants to court, he or she may not have a successful action at all. An objection to the grant of an extension of time, on the grounds of prejudice, will fail where, without more, the CTP insurer has obtained a liability report prepared soon after the accident. Background

On 26 May 2007, the plaintiff was seriously injured in a motor vehicle accident when the brakes of his employer's truck failed to engage. He instructed solicitors in January 2008 to otherwise do all that was necessary to protect his interests.

The plaintiff's solicitors originally filed a notice of claim with WorkCover within the limitation period. However, on 6 October 2010, they received a letter from WorkCover advising that the matter was governed by the Motor Accident Insurance Act 1994 (Qld), and that notices...